Inobservância da ordem de votação (art. 306)
Autor | Paulo Fernando dos Santos |
Páginas | 38-39 |
Page 38
Art. 306. Não observar a ordem em que os eleitores devem ser chamados a votar:
Pena - pagamento de 15 a 30 dias-multa.
Objetividade jurídica - Garantia à normalidade do pleito e à lisura dos trabalhos eleitorais.
Page 39
Sujeito ativo - O crime é próprio, uma vez que cometido apenas pelos mesários responsáveis pela seção eleitoral.
Sujeito passivo - O eleitor. Em segundo plano, o Estado. Conduta típica - Não observar a ordem em que os eleitores devem ser chamados a votar. O legislador tem por meta garantir a ordem dos trabalhos, resguardando o direito dos eleitores de votar de acordo com a sua chegada à seção eleitoral, sem que se promova qualquer forma de beneficiamento ou privilégio a quem quer que seja. Insta notar, no entanto, que o crime em questão não ocorrerá quando os componentes da mesa receptora cumprirem Resoluções do Tribunal Superior Eleitoral que permitem a prioridade de voto para algumas pessoas, em determinadas condições: assim, gestantes, lactantes, policiais militares em serviço, idosos, enfermos, pessoas com crianças de colo, juízes e promotores eleitorais, portadores de necessidades especiais e funcionários da Justiça Eleitoral. Estando o eleitor fora dessas...
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