CRIMES CONTRA A FÉ PÚBLICA | Prof.: Daniel Buchmüller

Summary

The video discusses the legal aspects of crimes against public faith, focusing on counterfeiting money, its circulation, and related offenses under criminal law. It explains the penalties for manufacturing or altering counterfeit currency, handling counterfeit money in bad faith, and specific crimes committed by public servants. The concept of insignificance in counterfeiting cases is addressed, highlighting the legal principle that such crimes are not diminished by the value of the counterfeit currency. The video also covers related offenses like the use of counterfeit seals and documents, emphasizing the legal consequences of forgery and its impact on public trust.

Takeaways

• 😀 Counterfeiting money, whether by manufacturing or altering it, is a formal crime with a penalty of 3 to 12 years in prison.
• 😀 Those who circulate counterfeit money—either knowingly or unknowingly—are subject to penalties, with less severe punishment for those who unknowingly pass it on.
• 😀 Passing on counterfeit money to avoid a personal loss, such as at a bakery, constitutes a crime, punishable by 6 months to 2 years in prison.
• 😀 A public servant or bank employee who manufactures, issues, or authorizes counterfeit money faces the same penalties as those who commit the crime directly.
• 😀 The principle of insignificance does not apply in crimes related to counterfeiting currency, even if the value of the counterfeit money is low (e.g., R$2).
• 😀 According to Helena Fragoso's doctrine, counterfeiting currency only becomes a serious crime when the note is altered to a higher value (e.g., from R$2 to R$100).
• 😀 The crime of counterfeiting currency can fall under federal jurisdiction, but gross counterfeiting may fall under state jurisdiction for fraud-related cases.
• 😀 Counterfeiting other types of paper, such as tax control stamps or public credit papers, carries penalties of 2 to 8 years in prison.
• 😀 Possessing or using machinery or devices specially intended for counterfeiting currency, even if they can be used for other purposes, is a punishable crime.
• 😀 A public servant involved in counterfeiting or issuing unauthorized currency, or using forged public seals, faces specific penalties, reflecting the misuse of authority.

Q & A

What are the crimes discussed under Article 289 related to counterfeit money?

Article 289 addresses crimes related to counterfeiting currency, including the manufacturing or altering of legal tender (both metal and paper currency). It also covers the circulation of counterfeit money by individuals who receive it in bad faith and intentionally pass it on, as well as those who receive it in good faith but later circulate it to avoid loss.

What is the penalty for those who manufacture or alter counterfeit money under Article 289?

The penalty for manufacturing or altering counterfeit money is imprisonment for 3 to 12 years. This is a formal crime with abstract danger.

How does the penalty differ for individuals who circulate counterfeit money in bad faith?

Individuals who knowingly receive counterfeit money and intentionally pass it on in bad faith face the same penalty as those who manufacture or alter the money, which is 3 to 12 years in prison.

What happens if someone receives counterfeit money in good faith and circulates it?

If someone receives counterfeit money in good faith and circulates it to avoid a loss after discovering its counterfeit nature, they face a lesser penalty of 6 months to 2 years in prison.

What is the legal position on the insignificance of low-value counterfeit money?

The principle of insignificance does not apply in crimes related to counterfeiting currency. Even if the counterfeit money has a low value, such as a two-real note, it is still considered a crime against public faith and cannot be disregarded.

What is the significance of the specific crime involving public servants in currency counterfeiting?

Public servants or managing directors who are involved in the manufacture, issuance, or authorization of counterfeit currency face a specific crime with a penalty matching that of the primary offense (3 to 12 years imprisonment). This includes those who issue currency beyond authorized limits or divert currency before its authorized circulation.

What does the doctrine by Helena Fragoso state about the value of counterfeit notes?

Helena Fragoso's doctrine suggests that counterfeiting currency is only considered a crime when the change involves a higher-value note, such as converting a two-real note into a hundred-real note, which makes the crime more significant.

What is the relationship between the actions of counterfeiting and the circulation of counterfeit money?

The person who manufactures or alters counterfeit money and then circulates it is only responsible for the original crime of counterfeiting (the caput), not the additional crime of circulating it. The first paragraph of Article 289 addresses individuals who solely put counterfeit money into circulation, and they are treated separately.

What are the consequences for using machinery or devices specifically intended for counterfeiting money?

The possession or use of machinery, devices, or any objects specially intended for counterfeiting money is a formal crime with significant penalties. The machinery does not have to be used exclusively for counterfeiting, but it must be proven to have been used for this purpose in the given context.

What does the summary of STJ Summary 73 state about the jurisdiction of counterfeit money cases?

STJ Summary 73 states that if counterfeit money is grossly counterfeit (easily identifiable), the case falls under the jurisdiction of the state court. However, if it involves more sophisticated counterfeiting, such as fraud, it may be handled under federal jurisdiction.