Assinatura indevida em registro de partido político (art. 321)
Autor | Paulo Fernando dos Santos |
Páginas | 70-71 |
Page 70
Art. 321. Colher a assinatura do eleitor em mais de uma ficha de registro de partido:
Pena - detenção até dois meses ou pagamento de 20 a 40 dias-multa.
Objetividade jurídica - Proteção à lisura e higidez das filiações partidárias.
Sujeito ativo - Qualquer pessoa. O crime é comum.
Page 71
Sujeito passivo - Qualquer pessoa, desde que sob a condição de eleitor e os partidos políticos atingidos. Igualmente, o Estado.
Conduta típica - Colher a assinatura do eleitor em mais de uma ficha de registro de partido. Uma vez mais o legislador busca resguardar a autenticidade na formação dos partidos políticos, mormente na fase da filiação. No caso em tela, pune-se a conduta daquele que colhe a assinatura de um mesmo eleitor em duas ou mais fichas de registro de partidos diversos, burlando de forma inequívoca a regra de que o interessado em filiar-se a algum partido político somente poderá subscrever uma única ficha.
Elemento subjetivo - Somente o dolo, em caráter genérico. Não há possibilidade de punição do sujeito ativo a título de culpa.
Consumação - Opera-se a consumação do crime no...
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