Recurso Em Sentido Estrito N. 2006.33.00.004016-2/ba

Penal e processual penal. Atividade clandestina de telecomunicação. Crime De perigo abstrato. Princípio da insignificância. Inaplicabilidade. 1. O artigo 183 da Lei n. 9.472/1997 define crime de perigo abstrato, cujo bem jurídico tutelado é a segurança dos meios de comunicação. A instalação e a utilização de aparelhagem em desacordo com as exigências legais, ou de forma clandestina, podem causar sérios distúrbios por interferência em serviços regulares de comunicações e em navegação aérea ou marítima. 2. O mero desenvolvimento das atividades de telecomunicações de forma irregular, ou clandestinamente, ainda que não se concretize, ou não se apure prejuízo concreto para as telecomunicações, para terceiros ou para a segurança em geral, é suficiente para a consumação da infração penal. Não se aplica o princípio da insignificância aos crimes contra os serviços de telecomunicações. 3. Recurso em sentido estrito provido.

Rel. Des. Olindo Herculano De Menezes

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