Propaganda eleitoral por meio de alto-falantes (art. 322)
Autor | Paulo Fernando dos Santos |
Páginas | 71-72 |
Page 71
Art. 322. Fazer propaganda eleitoral por meio de alto-falantes instalados nas sedes partidárias, em qualquer outra dependência do partido, ou em veículos, fora do período autorizado ou, nesse período em horários não permitidos: Pena - detenção até um mês ou pagamento de 60 a 90 dias-multa. Parágrafo único. Incorrerão na multa, além do agente, o diretor ou membro do partido responsável pela transmissão e o condutor do veículo.
Revogado pela Lei n. 9.504, de 30.09.1997.
JURISPRUDÊNCIA
RESPE - RECURSO ESPECIAL ELEITORAL
ACÓRDÃO 15112 - PB 13/10/1998
Relator(a) MAURÍCIO JOSÉ CORRÊA
DJ - Diário de Justiça, Data 13/11/1998, Página 82 RJTSE - Revista de Jurisprudência do TSE, Volume 11, Tomo 1, Página 219
Page 72
Ementa:
RECURSO ESPECIAL. PROPAGANDA ELEITORAL. CRIME ELEITORAL. CONDUTA ATÍPICA. SUPERVENIÊNCIA DO ARTIGO 107 DA LEI N. 9.504/97.
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PROPAGANDA ELEITORAL REALIZADA POR MEIO DE ALTO-FALANTE INSTALADO EM VEÍCULO. MANIFESTA ATIPICIDADE DA CONDUTA DOS RÉUS, SE CONFRONTADA COM AS DEFINIÇÕES DO ARTIGO 322 E PARÁGRAFO ÚNICO DO CÓDIGO ELEITORAL. OBSERVÂNCIA DO PRINCÍPIO NULLUM CRIMEN SINE LEGE.
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LEI N. 9.504/97. REVOGAÇÃO EXPRESSA DO ARTIGO 322 DO CÓDIGO ELEITORAL. ABOLITIO CRIMINIS.
RECURSO ESPECIAL CONHECIDO E PROVIDO.
Decisão:
POR UNANIMIDADE, O TRIBUNAL CONHECEU DO RECURSO E LHE DEU...
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