Apelacao Criminal 2001.51.01.529130-5

Penal e processo penal. Crime contra o sistema Financeiro nacional. Artigo 5o da lei 7.492/86. Prova Insuficiente para a condenacao. Absolvicao Mantida. - Nao ha prova suficiente nos autos a embasar um decreto condenatorio em desfavor dos acusados. - O que restam demonstrados no feito sao a possibilidade de inexistir autorizacao do investidor e indicios de que este nao tinha conhecimento das operacoes em mercado de opcoes realizadas em seu nome. - A prova testemunhal produzida em Juizo nao se prestou para confirmar a tese defendida pela acusacao. - Considerando que o recurso ministerial tem como supedaneo o parecer CVM e que nao houve a apresentacao de nenhum outro documento com o fito de fortalecer os argumentos levantados pelo Apelante, entendo que, a mingua de elementos suficientes a ensejar um decreto condenatorio, deve prevalecer a absolvicao. - Apelacao do MPF conhecida e desprovida.

Rel. Des. Paulo Espirito Santo

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