Apelação Criminal Nº 2003.71.00.059435-5/rs

Penal. Evasão de divisas. Tentativa. Art. 22, parágrafo único, da lei nº 7.492/1986 c/c art. 14, inciso ii, do código penal. Punibilidade. Pratica o crime de evasão de divisas, previsto no art. 22, parágrafo único, da Lei nº 7.492/86, na modalidade tentada (art. 14, II, do Código Penal), aquele que intenta promover a saída de moeda para o exterior, sem autorização legal. Não há falar em crime impossível pela não consumação, se esta somente foi frustrada por circunstância alheia à vontade do réu, que foi surpreendido transportando a moeda, em espécie, sem declaração à autoridade competente, próximo à fronteira internacional, após ter transposto a estação aduaneira onde o dinheiro deveria ter sido declarado.

Rel. Des. Luiz Carlos Canalli

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Jurisprudência 4ª Região

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