Recurso Em Sentido Estrito Nº 0008735-53.2011.4.01.3304/ba

Penal e processual penal - recurso em sentido estrito - lei nº 9.472/97, art. 183 - compartilhamento de serviço de internet, previamente, contratado - Atipicidade da conduta - rejeição da denúncia. a) Recurso em Sentido Estrito. b) Decisão de origem - Rejeitada a Denúncia em razão da ausência de dano decorrente da atividade desenvolvida. 1 - O ato de compartilhar sinal de internet, previamente, contratado não configura o crime previsto no art. 183 da Lei nº 9.472/97 porque utiliza serviço de comunicação preexistente como suporte. 2 - O reconhecimento da ocorrência de conduta atípica afasta a justa causa para o exercício da Ação Penal. 3 - Recurso denegado. 4 - Decisão confirmada por fundamento diverso. (Lei nº 9.472/97, art. 163.)

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