Elemento objetivo
Autor | Octahydes Ballan Junior |
Ocupação do Autor | Promotor de Justiça no Estado do Tocantins. Coordenador do Centro de Apoio Operacional Criminal (2012/2014). Bacharel em Direito pela Faculdade de Direito de Franca |
Páginas | 29-29 |
Page 29
É o verbo subtrair, consistente em retirar, fazer desaparecer, eliminar, apossar, apoderar ou assenhorear.
O agente pode fazê-lo por ato próprio, usando de um instrumento, um animal ou mesmo mediante outra pessoa.
Conforme Luiz Regis Prado, "A subtração pode ser executada mediante apreensão direta da coisa, com o emprego de instrumentos ou através de interposta pessoa (autoria mediata), sendo irrelevante que seja praticada na presença ou ausência da vítima (delito de forma livre)"10.
[10] PRADO, Luiz Regis. Comentários ao código penal. 4. ed. São Paulo: RT, 2007, p. 546.
Para continuar a ler
PEÇA SUA AVALIAÇÃO- Furto, Roubo e Extorsão
- Furto
- Art. 155 do Código Penal
- Objeto jurídico
- Objeto material
- Elemento normativo
- Elemento objetivo
- Elemento subjetivo
- Sujeito ativo
- Sujeito passivo
- Consumação e tentativa
- Furto circunstanciado (furto noturno - § 1o)
- Furto privilegiado (§ 2o)
- Furto de energia (§ 3o)
- Furto qualificado (§§ 4o e 5o)
- Distinções
- Ação penal
- Questões diversas
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