Negativa ou retardamento de inscrição eleitoral (art. 292)
Autor | Paulo Fernando dos Santos |
Páginas | 10-10 |
Page 10
Art. 292. Negar ou retardar a autoridade judiciária, sem fundamento legal, a inscrição requerida: Pena - pagamento de 30 a 60 dias-multa.
Objetividade jurídica - Proteção ao livre exercício da cidadania e garantia à legitimidade de um procedimento eleitoral hígido.
Sujeito ativo - A autoridade judiciária competente, encarnada na figura do juiz eleitoral. À evidência, assim como o art. 291, o crime é próprio porque exige essa qualificação do agente.
Sujeito passivo - Qualquer pessoa, desde que maior de 16 anos, que é a idade mínima exigida para o alistamento eleitoral.
Conduta típica - Negar ou retardar, sem fundamento legal, a inscrição requerida. Logo, duas são as atitudes que o juiz eleitoral poderá tomar, à vista do requerimento de inscrição, que poderão caracterizar o crime do art. 292: negar o pedido, injustificadamente, ou seja, indeferir liminarmente a postulação, embora presentes os requisitos legais para o acolhimento; ou retardar a apreciação da petição, vale dizer, protelar, procrastinar, atrasar por qualquer meio o deferimento da inscrição, sem que houvesse qualquer justificativa legal para tanto.
Elemento subjetivo - Somente o dolo. Não há possibilidade de punição...
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