Apelação Criminal Nº 2005.71.04.000415-8/rs

Penal e processo penal. Crimes contra a ordem tributária (artigo 1º, incisos i e ii, da lei 8.137/90). Aptidão da denúncia. Recusa de conexão. Indeferimento de perícia contábil. Ausência de inquérito policial. Dolo genérico. Dosimetria. Pena-base. Consequências do crime. Continuidade delitiva. Pena de multa. Condições econômicas do réu. 1. O Supremo Tribunal Federal já firmou entendimento no sentido de que, em se tratando de delitos societários, é admissível que a denúncia comporte certo grau de generalidade, sem com isso comprometer a sua aptidão (Inq 2584, Tribunal Pleno, Relator Min. Carlos Britto, julgado em 07-5-2009) e sequer tornar a imputação objetiva (STF, HC 90562, Primeira Turma, Relator Min. Marco Aurélio, julgado em 11-5-2010). 2. Na hipótese em que o réu se encontra submetido a vários processos sob acusação de delitos idênticos, o reconhecimento da continuidade delitiva poderá efetuar-se na fase de execução, quando da unificação das penas, não importando em nulidade do processo a decisão de recusa de conexão. Precedente do Superior Tribunal de Justiça. 3. Se os documentos juntados ao caderno processual são suficientes para análise e eventual enquadramento dos fatos denunciados, é prescindível a realização de perícia contábil, não eivando o processo de nulidade a decisão que a indefere. 4. “O inquérito policial é prescindível para o oferecimento da denúncia pelo dominus litis, porquanto o referido procedimento não constitui o único meio de elementos de convicção“. (Supremo Tribunal Federal, HC 89856, Primeira Turma, Rel. Min. Ricardo Lewandowski, DJ 18-5-2007) 5. No delito previsto no artigo 1º da Lei 8.137/90 o dolo é genérico (STF, AP 516, Tribunal Pleno, Rel. Min. Ayres Britto, DJe 03-12-2010; STJ, REsp 480.395/SC, 5ª Turma, Rel. Ministro José Arnaldo da Fonseca, DJU 07-4-2003). 6. São negativas as consequências do delito quando o montante sonegado supera o valor de R$ 100.000,00 (cem mil reais). Precedentes desta egrégia Corte. 7. Segundo o critério adotado pela jurisprudência do Superior Tribunal de Justiça, o aumento decorrente da continuidade delitiva, para casos de crimes contra a ordem tributária, deve corresponder ao seguinte: 1/6 (um sexto) para 02 (duas) infrações; 1/5 (um quinto) para 03 (três) infrações; ¼ (um quarto) para quatro (quatro) infrações; 1/3 (um terço) para 05 (cinco) infrações; ½ (um meio) para 06 (seis) infrações; 2/3 (dois terços) para 07 (sete) ou mais infrações. 8. O valor da prestação pecuniária substitutiva e da razão unitária do dia-multa deve ser fixado em atenção à capacidade econômica do réu.

Rel. Des. Gilson Luiz Inácio

Para ler o documento na íntegra, clique aqui!

33 Responses

  1. Great blog here! Additionally your website so much up very fast! What host are you the usage of? Can I get your associate link for your host? I desire my website loaded up as fast as yours lol
  2. Greetings from Carolina! I'm bored at work so I decided to browse your website on my iphone during lunch break. I really like the information you provide here and can't wait to take a look when I get home. I'm amazed at how quick your blog loaded on my phone .. I'm not even using WIFI, just 3G .. Anyways, amazing blog!
  3. As a Newbie, I am always browsing online for articles that can aid me. Thank you
  4. Whats up very nice website!! Guy .. Excellent .. Amazing .. I will bookmark your site and take the feeds also¡KI am satisfied to seek out numerous helpful info here within the publish, we'd like work out extra techniques on this regard, thanks for sharing. . . . . .
  5. Excellent blog right here! Additionally your website lots up fast! What web host are you using? Can I am getting your affiliate link in your host? I desire my website loaded up as fast as yours lol
  6. It¡¦s in reality a nice and helpful piece of information. I¡¦m satisfied that you shared this useful info with us. Please keep us informed like this. Thank you for sharing.
  7. You really make it seem so easy with your presentation but I to find this topic to be actually something that I think I'd never understand. It kind of feels too complex and very large for me. I'm taking a look forward for your next publish, I¡¦ll try to get the hang of it!
  8. You made some decent points there. I did a search on the subject and found most persons will consent with your blog.
  9. I truly appreciate this post. I¡¦ve been looking all over for this! Thank goodness I found it on Bing. You have made my day! Thx again
  10. We are a group of volunteers and starting a new scheme in our community. Your site offered us with valuable info to work on. You have done a formidable job and our whole community will be grateful to you.
  11. Thank you for the good writeup. It in fact was a amusement account it. Look advanced to more added agreeable from you! By the way, how could we communicate?
  12. I do consider all of the concepts you've offered on your post. They are really convincing and will certainly work. Still, the posts are too brief for novices. Could you please extend them a little from subsequent time? Thank you for the post.
  13. What i don't realize is if truth be told how you are no longer really much more well-preferred than you may be now. You're so intelligent. You recognize thus considerably when it comes to this matter, made me for my part believe it from so many numerous angles. Its like women and men are not fascinated until it’s one thing to accomplish with Girl gaga! Your individual stuffs nice. At all times deal with it up!
  14. This is really interesting, You're a very skilled blogger. I have joined your feed and look forward to seeking more of your magnificent post. Also, I've shared your site in my social networks!
  15. What i don't understood is actually how you're now not actually much more well-favored than you might be now. You're very intelligent. You recognize thus considerably in the case of this topic, produced me personally consider it from a lot of various angles. Its like men and women aren't interested except it¡¦s one thing to accomplish with Girl gaga! Your own stuffs excellent. Always deal with it up!
  16. Hello.This post was extremely fascinating, especially because I was investigating for thoughts on this topic last Wednesday.
  17. I would like to show my appreciation to the writer just for rescuing me from this problem. Just after scouting throughout the online world and seeing things that were not helpful, I believed my entire life was gone. Existing minus the strategies to the issues you've solved by way of your article content is a critical case, as well as those that could have in a wrong way affected my entire career if I had not encountered the website. Your good training and kindness in taking care of all things was precious. I'm not sure what I would have done if I hadn't encountered such a step like this. I am able to at this moment look forward to my future. Thanks so much for your specialized and amazing guide. I will not be reluctant to propose the blog to any individual who ought to have guide about this subject matter.
  18. I just couldn't depart your website before suggesting that I extremely enjoyed the standard information an individual provide to your visitors? Is gonna be back incessantly in order to inspect new posts
  19. I just could not go away your site prior to suggesting that I really loved the standard info an individual provide for your guests? Is gonna be back frequently in order to check up on new posts
  20. I together with my buddies happened to be examining the best solutions on your web page while quickly I had a terrible feeling I never expressed respect to the website owner for those strategies. My women were definitely as a result very interested to read them and have in truth been tapping into these things. Thank you for actually being indeed accommodating and also for finding varieties of good subject matter millions of individuals are really wanting to discover. Our honest apologies for not expressing appreciation to earlier.
  21. Good blog! I really love how it is simple on my eyes and the data are well written. I'm wondering how I could be notified when a new post has been made. I've subscribed to your RSS feed which must do the trick! Have a great day!
  22. Wow, incredible weblog structure! How lengthy have you been running a blog for? you make running a blog look easy. The total glance of your website is fantastic, as smartly as the content material!
  23. Wow! This can be one particular of the most helpful blogs We have ever arrive across on this subject. Actually Excellent. I'm also a specialist in this topic therefore I can understand your effort.
  24. I'm still learning from you, while I'm improving myself. I absolutely love reading all that is posted on your website.Keep the information coming. I liked it!
  25. "I really enjoy the article.Really looking forward to read more. Great."
  26. I loved your post.Really looking forward to read more. Want more.
  27. I am always browsing online for tips that can assist me. Thank you!
  28. I have been checking out many of your posts and i must say nice stuff. I will make sure to bookmark your blog.
  29. Hi there, You have done an incredible job. I will definitely digg it and personally recommend to my friends. I'm confident they'll be benefited from this site.
  30. I haven¡¦t checked in here for a while because I thought it was getting boring, but the last several posts are great quality so I guess I will add you back to my everyday bloglist. You deserve it my friend :)
  31. It's the best time to make a few plans for the future and it's time to be happy. I've read this submit and if I could I want to recommend you some interesting things or suggestions. Maybe you could write next articles regarding this article. I desire to read more issues approximately it!
  32. I have been exploring for a bit for any high-quality articles or blog posts on this kind of area . Exploring in Yahoo I ultimately stumbled upon this site. Studying this information So i am satisfied to express that I have a very just right uncanny feeling I found out exactly what I needed. I most without a doubt will make certain to do not overlook this web site and provides it a glance regularly.
  33. I do agree with all of the ideas you have presented in your post. They're very convincing and will definitely work. Still, the posts are too short for novices. Could you please extend them a little from next time? Thanks for the post.

Leave a comment