Apelação Criminal Nº 2007.70.05.002031-3/pr

Penal e processo penal. Conexão instrumental. Prorrogação da competência. Decisão de instância superior. Violação de direito autoral. Cds e dvds falsificados. Art. 184, §2º, do código penal. Erro de proibição. Inexistência. Confissão. Súmula 231 do stj. 1. Reconhecida pelo Superior Tribunal de Justiça a prorrogação da competência em virtude da conexão, prossegue-se no julgamento do recurso. 2. Tendo o réu confessado saber da proibição de comercialização de CDs e DVDs falsificados oriundos do exterior, não procede a alegação de erro do agente sobre a ilicitude da conduta. 3. “A incidência da circunstância atenuante não pode conduzir à redução da pena abaixo do mínimo legal“. Súmula 231 do Superior Tribunal de Justiça.

Rel. Des. Márcio Antônio Rocha

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Jurisprudência 4ª Região

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