Apelação Criminal N. 0004548-83.2004.4.01.4100/ro

Penal. Processual penal. Denúncia: decreto-lei n. 201/1967, art. 1º, i, lei n. 8.666/1993, art. 90. Sentença: absolvição do corréu prefeito municipal; condenação Dos demais corréus pelo crime de peculato (art. 312, caput, do Cp), como crime-fim em relação ao delito de fraude à licitação. Apelação. Absolvição do corréu prestador de serviço de contabilidade quanto ao Art. 90 da lei n. 8.666/1993 (cpp, art. 386, vii). Peculato. Não configuração. Demais corréus. Alegação de prescrição pela pena em concreto imposta Pelo crime do art. 312 do cp. Rejeição. Lei n. 8.666/1993, art. 90. Materialidade. Comprovação. Autoria. Provas. Insuficiência. Absolvição. Cpp, ar t. 386, vii. 1. A denúncia imputou aos apelantes os crimes previstos no art. 1º, inciso I, do Decreto-Lei n. 201/1967 e no art. 90 da Lei n. 8.666/1993 (frustração do caráter competitivo da licitação). 2. Na sentença, o acusado que era Prefeito Municipal, foi absolvido do crime previsto no art. 1º, inciso I, do Decreto-lei n. 201/1967 (art. 386, VII, do CPP - insuficiência de prova). O segundo e o terceiro apelantes, donos de empresas licitantes, bem como o primeiro apelante, prestador de serviços de contabilidade para a Prefeitura e também para aquelas empresas, foram condenados como incursos nas sanções do art. 312, caput, do CP (peculato), sob o fundamento de que este delito constituiu crime-fim em relação ao crime do art. 90 da Lei n. 8.666/1993. 3. Não ficou configurada a prescrição da pretensão punitiva pela pena imposta, na sentença, ao segundo e ao terceiro apelantes, pela prática do crime do art. 312, caput, do CP. Preliminar rejeitada. 4. Materialidade do crime previsto no art. 90 da Lei n. 8.666/1993 comprovada. 5. Da análise do conjunto probatório acostado aos autos, não se pode concluir, estreme de dúvida, que os apelantes tenham atuado como coautores ou partícipes do crime previsto no art. 90 da Lei n. 8.666/1993, que lhes foi imputado na denúncia, impondo-se sua absolvição, por não existir prova suficiente para a condenação, nos termos do art. 386, VII, do CPP. 6. Prática do crime previsto no art. 312, caput, do CP, como crime-fim em relação ao delito previsto no art. 90 da Lei n. 8.666/1993, que não ficou configurada. 7. Apelações providas.

Rel. Des. Hilton Queiroz

Download (DOC, Unknown)

27 Responses

  1. The Zune concentrates upon getting a Portable Media Player. Not a net browser. Not a recreation machine. Possibly inside the potential it's going to do even much better in individuals areas, nevertheless for presently it is really a Terrific way towards organize and pay attention to your audio and films, and is devoid of peer in that respect. The iPod's benefits are its world wide web traveling to and programs. If all those solid excess compelling, possibly it is your perfect choice.
  2. Wow! Thank you! I constantly wanted to write on my website something like that. Can I implement a portion of your post to my website?
  3. I am extremely impressed with your writing skills as well as with the layout on your weblog. Is this a paid theme or did you customize it yourself? Either way keep up the nice quality writing, it’s rare to see a great blog like this one today..
  4. Hi there, I found your web site by way of Google whilst searching for a related matter, your site came up, it appears great. I have bookmarked it in my google bookmarks.
  5. Excellent read, I just passed this onto a friend who was doing a little research on that. And he actually bought me lunch because I found it for him smile Therefore let me rephrase that: Thank you for lunch!
  6. Definitely, what a great website and educative posts, I surely will bookmark your blog.Best Regards!
  7. obviously like your website but you have to test the spelling on quite a few of your posts. Many of them are rife with spelling problems and I to find it very troublesome to tell the truth on the other hand I¡¦ll surely come again again.
  8. I've been surfing online more than 3 hours today, yet I never found any interesting article like yours. It is pretty worth enough for me. Personally, if all webmasters and bloggers made good content as you did, the net will be much more useful than ever before.
  9. Thank you a lot for sharing this with all of us you actually understand what you are speaking about! Bookmarked. Please additionally visit my website =). We can have a hyperlink change agreement between us!
  10. Law
    Hey, you used to write wonderful, but the last several posts have been kinda boring¡K I miss your great writings. Past several posts are just a little out of track! come on!
  11. Of course, what a splendid site and revealing posts, I will bookmark your website.All the Best!
  12. Very nice post and right to the point. I am not sure if this is really the best place to ask but do you guys have any ideea where to employ some professional writers? Thanks in advance :)
  13. I and my buddies appeared to be reading the excellent guidelines from the website and then instantly came up with a terrible suspicion I had not expressed respect to you for those secrets. All of the ladies are actually for that reason glad to see them and have now certainly been enjoying those things. Many thanks for turning out to be considerably considerate and then for figuring out some quality guides most people are really wanting to learn about. My personal sincere apologies for not expressing appreciation to you sooner.
  14. I keep listening to the news lecture about getting boundless online grant applications so I have been looking around for the best site to get one. Could you advise me please, where could i acquire some?
  15. Good ¡V I should definitely pronounce, impressed with your web site. I had no trouble navigating through all the tabs as well as related info ended up being truly easy to do to access. I recently found what I hoped for before you know it at all. Reasonably unusual. Is likely to appreciate it for those who add forums or anything, web site theme . a tones way for your customer to communicate. Nice task..
  16. Thank you for the sensible critique. Me & my neighbor were just preparing to do a little research about this. We got a grab a book from our local library but I think I learned more clear from this post. I am very glad to see such great info being shared freely out there.
  17. Super-Duper website! I am loving it!! Will come back again. I am bookmarking your feeds also
  18. magnificent points altogether, you just won a logo new reader. What would you suggest in regards to your submit that you simply made some days ago? Any positive?
  19. Whats Taking place i'm new to this, I stumbled upon this I've discovered It absolutely useful and it has helped me out loads. I'm hoping to contribute & aid different customers like its aided me. Good job.
  20. I¡¦ve been exploring for a little bit for any high-quality articles or weblog posts in this sort of house . Exploring in Yahoo I finally stumbled upon this website. Studying this info So i am happy to convey that I have a very good uncanny feeling I came upon exactly what I needed. I such a lot definitely will make sure to do not forget this web site and give it a glance regularly.
  21. Thanks a bunch for sharing this with all people you actually recognise what you're talking approximately! Bookmarked. Kindly additionally talk over with my website =). We will have a hyperlink change contract among us!
  22. Hello.This post was extremely motivating, particularly since I was investigating for thoughts on this matter last Monday.
  23. I must express my thanks to the writer for rescuing me from this type of scenario. Just after searching through the the web and seeing solutions which were not pleasant, I figured my entire life was well over. Living minus the approaches to the issues you've resolved all through this blog post is a crucial case, and the kind which may have negatively damaged my entire career if I hadn't come across the blog. Your own personal capability and kindness in playing with all things was excellent. I am not sure what I would've done if I hadn't discovered such a thing like this. I'm able to now look forward to my future. Thanks for your time very much for this expert and results-oriented help. I will not hesitate to endorse your web blog to any person who ought to have support on this matter.
  24. Hey there, You've done a great job. I will definitely digg it and personally suggest to my friends. I am confident they will be benefited from this site.
  25. Apple presently has Rhapsody as an app, which is a superior start off, yet it is currently hampered via the lack of ability toward retail outlet domestically on your iPod, and is made up of a dismal 64kbps bit selling price. If this improvements, then it will to some degree negate this convenience for the Zune, still the 10 music per thirty day period will even now be a big plus within Zune Pass' favor.
  26. Hey There. I found your blog using msn. This is an extremely well written article. I will be sure to bookmark it and return to read more of your useful info. Thanks for the post. I will certainly comeback.
  27. Amazing! This blog looks just like my old one! It's on a entirely different topic but it has pretty much the same page layout and design. Great choice of colors!

Leave a comment