Subscrição de registro de partido (art. 319)
Autor | Paulo Fernando dos Santos |
Páginas | 67-68 |
Page 67
Art. 319. Subscrever o eleitor mais de uma ficha de registro de um ou mais partidos:
Pena - detenção até um mês ou pagamento de 10 a 30 dias-multa.
Objetividade jurídica - Garantia à normalidade de formação dos partidos políticos.
Sujeito ativo - Trata-se de crime comum, cometido por qualquer pessoa, desde que revestido da condição de eleitor.
Sujeito passivo - O partido ou partidos políticos atingidos com a subscrição indébita. Em segundo plano, o Estado.
Conduta típica - Subscrever mais de uma ficha de registro em partido político. Aqui se busca proteger a autenticidade nos registros dos partidos políticos, evitando qualquer conduta que leve a uma imprecisão quanto ao número de inscritos em um determinado partido. A conduta opera-se tanto
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na subscrição de mais de uma ficha de registro de um mesmo partido político ou ainda no caso de duas ou mais subscrições em partidos políticos diversos. A desfiliação tempestiva, ocorrida antes da nova subscrição, descaracteriza o crime...
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