Apelação Criminal Nº 0000998-44.2003.4.03.6110/sp

Penal - Processual penal - Omissão de informações à autoridade fazendária visando a supressão de tributo - Prescrição retroativa - Não ocorrência, já que houve recurso da acusação, pleiteando a majoração da pena - Prescrição que se regula pelo máximo da pena prevista na lei - Lapso temporal não ultrapassado - Artigo 1º, inciso I da Lei 8137/90 - Materialidade e autoria delitivas demonstradas - Dosimetria da pena revista - Consequências gravosas ao erário público - Recurso ministerial provido.

Rel. Des. Ramza Tartuce

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