Habeas Corpus Nº 90.779-2/pr

Crime contra as relações de consumo. Fabricação e depósito de produto em condições impróprias para o consumo. Inciso IX do art. 7º da lei 8.137/90, combinado com o inciso II do § 6º do art. 18 da Lei nº 8.078/90. Configuração do delito. Crime formal. Prescindibilidade da comprovação da efetiva nocividade do produto. Reajustamento de voto. Necessidade de demonstração inequívoca da impropriedade do produto para uso. Independência das instâncias penal e administrativa. Ônus da prova do titular da ação penal. Ordem concedida.

Rel. Min. Carlos Britto

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Jurisprudência STF/STJ

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