Votar fora da seção eleitoral (art. 311)
| Autor | Paulo Fernando dos Santos |
| Páginas | 49-50 |
Page 49
Art. 311. Votar em seção eleitoral em que não está inscrito, salvo nos casos expressamente previstos, e permitir, o presidente da mesa receptora, que o voto seja admitido: Pena - detenção até um mês ou pagamento de 5 a 15 dias-multa para o eleitor e de 20 a 30 dias-multa para o presidente da mesa.
Objetividade jurídica - Garantia à normalidade do pleito, à lisura dos trabalhos eleitorais, além do livre exercício do voto.
Page 50
Sujeito ativo - Trata-se de crime comum, praticável por qualquer pessoa, além do mesário que estiver respondendo pela presidência da mesa receptora.
Sujeito passivo - O Estado.
Conduta típica - Consiste em votar em seção eleitoral em que não se está escrito, fora dos casos previstos em lei. Além disso, permitir o presidente da seção que seja o referido voto admitido, de maneira irregular.
Elemento subjetivo - O dolo genérico.
Consumação - Com a...
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