Apelação Criminal Nº 0017402-97.2008.4.01.3800/mg

Processual penal. Apelação sequestro de bens. Decreto-lei nº 3.240/41. Necessidade de indicação dos bens que devam ser objeto da constrição judicial. Decisum mantido. Apelação desprovida. 1. As normas pertinentes ao sequestro de bens em razão de crime que cause prejuízo para a Fazenda Pública, contidas no Decreto-Lei nº 3.240/41, são regras de cunho especial e devem prevalecer sobre a norma geral prevista no art. 125, do Código de Processo Penal. Precedente jurisprudencial do egrégio Superior Tribunal de Justiça. 2. O sequestro de bens de pessoas que possam responder por crime que resulte prejuízo para a Fazenda Pública, conforme o previsto no Decreto-Lei nº 3.240/41, não exige, para a sua decretação, que esses bens sejam provenientes da prática delituosa, sendo irrelevante, portanto, a indagação acerca de sua origem. Também não exige o fundado receio de que, ao tempo da possível condenação criminal, o patrimônio dos recorridos não baste para satisfazer os danos causados ao Erário. 3. Para a decretação do sequestro em discussão, o art. 3º, do acima mencionado diploma legal estabelece a necessidade da observância de dois requisitos: a) a existência de indícios veementes da responsabilidade penal; e b) indicação dos bens que devam ser objeto da constrição. 4. In casu, à vista do exposto, não se apresenta como juridicamente admissível o pedido genérico de “(...) bloqueio de toda e qualquer disponibilidade financeira, limitado ao valor do prejuízo causado pela prática do crime, em nome dos requeridos, localizada em qualquer instituição financeira do país (...)“ (fls. 07/08), considerando que o referido pedido não atende aos requisitos legais para a decretação da medida cautelar. 5. Decisum mantido. Apelação criminal desprovida.

Rel. Des. I''talo Fioravanti Sabo Mendes

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