Não concessão de prioridade postal (art. 338)
Autor | Paulo Fernando dos Santos |
Páginas | 120-120 |
Page 120
Art. 338. Não assegurar o funcionário postal a prioridade prevista no art. 239:
Pena - pagamento de 30 a 60 dias-multa.
Objetividade jurídica - Assegurar a igualdade entre os partidos políticos no exercício da propaganda eleitoral.
Sujeito ativo - O funcionário encarregado de remeter o material de propaganda. Trata-se de crime próprio.
Sujeito passivo - O partido político cuja propaganda foi preterida. Em segundo plano, o Estado.
Conduta típica - Dispõe o art. 239 do Código Eleitoral:
Art. 239. Aos partidos políticos é assegurada a prioridade postal durante os 60 (sessenta) dias anteriores à realização das eleições, para remessa de material de propaganda de seus candidatos registrados.
A redação do dispositivo justifica-se pela época em que o mesmo foi elaborado. Reminiscência histórica passou a ser, na medida em que a eficiência dos serviços postais dos Correios e Telégrafos impede que o tipo penal se concretize no plano prático. Assim, tendo o dispositivo estabelecido prazo dentro do qual o cometimento do crime ocorre - nos sessenta dias anteriores à realização das eleições -, qualquer conduta que não esteja abrangida pelo período será considerada atípica, segundo a lei. De qualquer forma, a...
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