Art. 293 do Código Penal | Direito Penal | Escrevente do TJ - SP | #04

Summary

This video lesson focuses on Article 293 of the Brazilian Penal Code, discussing the crime of falsifying public documents. The lesson breaks down the different types of falsifications covered in the article, such as altering or fabricating official papers, including tax receipts, public credit papers, and transport tickets. The speaker highlights the legal penalties for these offenses, emphasizing the importance of intent (dolo) and the distinction between crimes committed by public officials and common citizens. The lesson also covers related legal principles, including the concept of 'concurrency of offenses' and the treatment of good faith use of falsified documents.

Takeaways

• 😀 The crime covered in Article 293 of the Penal Code involves the falsification of public papers, such as stamps, credit papers, and transport tickets.
• 😀 The key objective of this crime is to protect public faith, ensuring the legitimacy of public documents.
• 😀 This crime is a common one, meaning it can be committed by anyone, not just public officials, although public officials face harsher penalties under Article 295.
• 😀 The main conduct involved is the act of fabricating or altering public documents to make them appear legitimate, which is the essence of the crime.
• 😀 The crime is formal in nature, meaning it is considered complete as soon as the falsification happens, regardless of any actual harm or use of the document.
• 😀 The offense requires specific intent (dolus) from the perpetrator, meaning they must have the will to falsify or alter the document.
• 😀 If the falsified documents are used or circulated, this is considered a subsequent offense under the principle of 'consumption'—the original offense is considered punishable as the main crime.
• 😀 If a person unknowingly uses a falsified document in good faith, they can face lesser penalties (detention from 6 months to 2 years or a fine).
• 😀 Specific sections (like Article 293, Par. 1) address individuals who handle or circulate falsified documents, imposing similar penalties to the main offense.
• 😀 Par. 2 introduces a new type of fraud, where legitimate documents are altered to make them usable again, which requires specific intent to restore their validity.
• 😀 The legal process for crimes in Article 293 follows public prosecution procedures, and certain sections allow for conditional suspension of the process if the penalties are less than one year.

Q & A

What is the main focus of Article 293 in the Penal Code discussed in the script?

Article 293 of the Penal Code focuses on the crime of falsifying public documents, including altering or fabricating documents such as public credit papers, tax-related documents, and other official papers.

What is the significance of the term 'public faith' in the context of this crime?

Public faith refers to the legitimacy and trust in official documents issued by public authorities. The crime in Article 293 aims to protect this trust by penalizing the falsification or alteration of such documents.

Who can commit the crime described in Article 293?

The crime is classified as a common crime, meaning it can be committed by any individual, whether a public official or not.

What happens if a public official commits this crime?

If a public official commits the crime of falsifying public documents, the penalty is increased according to Article 295, which stipulates an enhancement in the punishment.

What are the key elements needed for the crime described in Article 293 to occur?

The key elements are the intention (dolo) to falsify or alter public documents, the actual act of fabrication or alteration, and the resulting harm to public faith.

What does it mean that the crime is 'formal' in nature?

A 'formal' crime means that the crime is considered completed at the moment of falsification, even if no actual damage or use of the altered document occurs.

Can the crime described in Article 293 be attempted without completing the act?

Yes, an attempt is possible as the crime involves multiple actions in the falsification process, which allows for the potential of an incomplete attempt.

What is the role of the 'cautionary note' in the falsification of documents?

The cautionary note, such as a stamp or seal indicating the document's validity, is crucial for determining the authenticity of a document. If it is falsified, the document is considered invalid.

What penalty applies if someone uses a falsified document in good faith?

If someone uses or circulates a falsified document in good faith, they may face a reduced penalty, ranging from 6 months to 2 years of detention or a fine, as stated in Paragraph 4 of Article 293.

How does the principle of 'consumption' apply to this crime?

The principle of 'consumption' means that if the falsifier of the document is also involved in its subsequent use, they will only be punished for the initial falsification, and the later use is considered a continuation of the same act.