Apelação Criminal Nº 0000065-93.2011.4.01.3702/ma

Penal. Roubo qualificado. Concurso de agentes, emprego de arma e manutenção Das vítimas em seu poder (art. 157, § 2º, i, ii e v do código penal). Autoria e materialidade comprovadas. In dubio pro reo. Inocorrência. Dosimetria. 1. Os elementos de convicção colhidos no inquérito policial devem ser levados em consideração, na condenação, quando ratificados por prova produzida em juízo. 2. Autoria e materialidade devidamente comprovadas pelas provas orais e documentais produzidas. Dessa forma, impossível a aplicação do princípio in dúbio pro reo. 3. O concurso de agentes e o emprego de arma não podem ser sopesados na culpabilidade e, ao mesmo tempo, como causa de aumento da reprimenda, sob pena de incorrer em bis in idem. 4. Apelação parcialmente provida.

Rel. Des. Tourinho Neto

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