Post by muntahaislam222 on Feb 28, 2024 1:15:53 GMT -5
Do you work in traffic and still don't have the updated version of MBFT (2023) by Master Luís Carlos Paulino, in partnership with Emanoel Plácido da Silva and João Kelber Gomes Fernandes? The new legislation caught the attention of specialized professionals and the media in general, raising doubts about its scope. There are voices arguing, for example, that driving vehicles without license plates “is now a crime”, or that art. 311 became a “non-bailable crime”. However, these conclusions seem to go beyond the new normative text. In order to facilitate visualization and understanding, observe the following table, with the previous wording and the current wording: The legislator's primary intention, as already revealed in the summary of the new law, was to expand the scope of the criminal type, covering other material objects in addition to the motor vehicle. This is because art. 96, I, of the Brazilian Traffic Code classifies vehicles, in terms of traction, as: a) self-propelled; b) electrical; c) human propulsion; d) animal traction; e) trailer or semi-trailer. Due to this distinction, the courts correctly decided that tampering with the identifying sign of trailers or semi-trailers was atypical: ORDINARY APPEAL IN HABEAS CORPUS. CRIMINAL AND CRIMINAL PROCEDURE. CRIME OF TAMPERING WITH A MOTOR VEHICLE IDENTIFIER SIGNAL.
THESIS OF BLOCKING THE CRIMINAL ACTION DUE TO FORMAL ATYPICITY. ALLEGED tampering with the license plate of a semi-trailer vehicle. APPLICATION OF THE PRINCIPLE OF LEGALITY. OTHER THESES. HARMFUL. RESOURCE PROVIDED. 1. The conduct attributed to the Appellants is formally atypical, as it does not comply with the provisions of art. 311, caput, of the Penal Code, since, under the terms of art. 96, item I, of the Brazilian Traffic Code, there is a difference Europe Mobile Number List between motor vehicles – provided for in the criminal category – and semi-trailer vehicles, so that, in compliance with the principle of legality, it is strictly necessary to block the criminal action regarding the offense under analysis. . 2. The theses related to preventive detention are undermined, due to the recognition of the suspension of the criminal action in favor of the Appellants and, also, because they were released on 05/15/2018 – as stated on the website of the Court of origin. 3. Ordinary appeal provided, in order to stop the criminal action initiated to the detriment of the Appellants, due to the formal atypicality of the conduct attributed to them in the complaint. (STJ, 6th Panel.
Thus, this vacuum existing in the previous legislation was filled, so that tampering with the identifying sign of electric vehicles, hybrids, trailers, semi-trailers or their combinations became typical. Although the type already contains analogue interpretation (“or any identifying sign”), other objects on which the conduct may fall were specified (monoblock, engine, identification plate), in addition to inserting a normative element (“without authorization from the competent organ"). This element, although formally new, was already implicitly contained in the previous wording, as changing the identifying sign with authorization from the transit agency does not harm the legal interest (public faith). The nucleus suppress , now present in the type, has the meaning of removing, destroying, eliminating . The simple conduct of driving a vehicle without an identification plate does not qualify as a crime , as the caput punishes the suppression of the identification sign, and not driving the vehicle. Once the driver is caught driving a vehicle without a license plate – and there is a legal provision that that vehicle should be registered – there is, a priori , an administrative infraction of art. 230, IV of the Brazilian Traffic Code .