Legal Provisions on Criminal Offenses and Procedures
Article 61
Are considered criminal offenses of lower offensive potential, for the purposes of this Act, misdemeanors and criminal crimes to which the law imputes a maximum penalty not exceeding two (2) years, combined with or without a fine. (Writing by Law No. 11,313, 2006)
Law 8.137/90 Article 5
Crimes of the same nature are:
- Require exclusivity of advertising, transmitting, or distribution of advertising material, to the detriment of competition;
- To condition the sale of goods or service utilization for the acquisition of another well, or use a particular service;
- To subject the sale of goods or service using the purchase amount arbitrarily fixed;
- Refusing, without just cause, director, administrator, manager, or company to provide the competent authority or provide it so inaccurate, reporting on the cost of production or sale price.
Article 90-A
The provisions of this Act shall not apply in the context of Military Justice. (Article included in Law No. 9839 of 27.09.1999)
Law 11.343/03 Article 48
The procedure relating to proceedings for crimes defined in this title shall be governed by the provisions of this chapter, applying the alternative, the provisions of the Code of Criminal Procedure and Penal Execution Law.
§ 1 The agent of any of the conduct specified in art. 28 of this Act, unless the contest with the crimes set forth in arts. 33-37 of this Act, shall be prosecuted and judged in the way of arts. 60 et seq of the Law in 9099, d which provides for the Special Criminal Courts.
Law 10.741/03 Art 94th
Crimes provided for in this Law, whose maximum penalty of imprisonment does not exceed four (4) years, apply the procedure provided for in Law 9099 of September 26, 1995 www.planalto.gov.br/ccivil_03/LEIS/L9099.htm, or, alternatively, as applicable, provisions of the Penal and Criminal Procedure Code.
Article 60
The Special Criminal Court, provided by qualified judges or robins and laity, has jurisdiction for conciliation, the trial, and execution of the criminal offenses of lower offensive potential, while respecting the rules of connection and continence. (Writing by Law No. 11,313, 2006) http://www.planalto.gov.br/ccivil_03/_Ato2004-2006/2006/Lei/L11313.htm
Sole Paragraph. At the meeting proceedings before the court of common or a jury trial, arising from the rules of connection and continence, the Take note will be the institutes of the nolo and composition of civil damages. (Included by Law No. 11,313, , 2006)
Law 11.340/06 Section 41
The crimes charged with domestic violence against women, regardless of penalty, do not apply to Law 9099 of September 26, 1995
Article 66
The service is personal and far will be the Judge himself, where possible, or by warrant.
Sole Paragraph. Not found the accused to be summoned, the judge will forward the existing parts to Judgement to adopt the common procedure provided by law.
Article 77
In the prosecution of public initiative, where there is no implementation of punishment, the absence of the author of the fact or no occurrence of the event provided for in art. 76 this Act, the prosecutor will offer to the judge without delay oral complaint if no need for essential steps.
§ 2 If the complexity of the case or circumstances do not permit the formulation of the complaint, the prosecutor may ask the judge re-routing of existing parts, in the shape of the sole paragraph of Art. 66 of this Law
Article 69
The authority officer who becomes aware of the occurrence plow term comprehensive and forward immediately to the Judge, the author of the fact, and the victim, providing the requests to the technical expertise required.
Sole Paragraph
The author of the fact that after the transcription of the word is immediately sent to juvenile court or commit to attend to it, does not impose imprisonment in the act, nor be required bail.
Article 70
Attending the fact that the author and the victim, and not enabling the immediate implementation of the preliminary hearing will be called early date, which will leave both aware.
Article 71
In the absence of attendance of any of those involved, the Department will arrange a summons and, if appropriate, to the civil responsibility in the form of arts. 67 to 68 of this Law
Article 72
At the preliminary hearing, present the public prosecutor, the victim and the author of the fact and, if possible, the official calendar, accompanied by their lawyers, the judge clarify the composition of the possibility of damage and accept an offer of immediate application of custodial sentence is not freedom.
Article 73
The reconciliation will be conducted by judge or conciliator under his guidance.
Sole Paragraph
The conciliators are auxiliary Justice, recruited in the form of local law, preferably between graduates in law, excluded those who perform duties in the administration of Criminal Justice.
Article 74
The composition of the civil damages will be reduced to writing and approved by Judge unappealable sentence upon, the effectiveness of an running in civil court jurisdiction.
Sole Paragraph
In the case of private prosecution of criminal action or subject to public representation, approved the agreement entails the waiver of the right of complaint or representation.
Article 75
Not obtained the composition of civil damages will be given immediately to the victim the opportunity to exercise the right to verbal representation, which will be reduced at term.
Sole Paragraph. Failure to offer representation at the preliminary hearing did not involve decay law, which may be exercised within the period provided by law.
Article 76
Having representation or in the case of a crime of public criminal action and is not the case filing, the Attorney General may propose the immediate implementation of penalty or penalties restricting rights to be specified in the proposal.
§ 1 In the cases of being the penalty of a fine alone applicable, the judge can reduce it by half.
§ 2 There shall be a proposal if it is proved:
- Have been the author of the infraction convicted for the crime, the sentence of imprisonment, for final decision;
- The agent has been previously received within a period of five years, by applying restrictive penalty or fine under this article;
- Do not indicate background, social behavior and personality of the agent as well as the reasons and circumstances, is necessary and sufficient to adoption of the measure.
§ 3 the proposal is accepted by the author of the offense and his defense counsel, will be submitted to the Judge.
§ 4 Welcoming the proposal of the prosecutor accepted by the author of the infraction, the judge will apply the penalty of restriction of rights or a fine, it will not matter in recidivism, registering just to prevent the same benefit again within five years.
§ 5’s sentence under the preceding paragraph shall apply to appeal referred to in art. 82 of this Law
§ 6a imposition of sanction in § 4 of this article does not contain a certificate of criminal records, except for the purposes specified in the same device, and not have civil effects, while those concerned to propose appropriate action in legal proceedings claiming damages.
Article 89
In crimes where the minimum penalty threatened one is equal to or less than one year, or not covered by this Act, the Public Ministry by providing a complaint, may propose the suspension of proceedings, in two to four years, provided that the accused did not being prosecuted or has not been convicted of another crime, presents the other requirements that would authorize the probation (art. 77 of the Criminal Code).
§ 7 If the accused does not accept the proposal contained in that article, the process will continue in their later terms
Article 84
Applied only penalty of a fine, compliance far will pay the Registry of the Juvenile Court.
Sole Paragraph. Upon payment, the judge will declare extinct criminality, determining that the conviction not be consisting of the criminal records except for purposes of judicial request.
Article 85
Do not make payment of the fine, the conversion will be done in deprivation of freedom or restriction of rights, in accordance with law.
Article 51
Res judicata the sentence, the fine will be considered debt value, applying them to the rules of law relating to debts owed to the State, including with respect to causes interrupt is precedent prescription. (Writing amended by Law No. 9268, 1st .4.1996) http://www.planalto.gov.br/ccivil_03/LEIS/L9268.htm
§ 1 – § 2 and – (Repealed by Law No. 9268, 1 º .4.1996)
http://www.planalto.gov.br/ccivil_03/Leis/L9268.htm
Article 77
In the prosecution of public initiative, where there is no implementation of punishment, the absence of the author of the fact or no occurrence of the event provided for in art. 76 this Act, the prosecutor will offer to the judge without delay oral complaint if no need for essential steps.
§ 1 For the offering of the complaint, which will be based on term occurrence referred to in art. 69 of this Act, dispense with the police investigation, will waive the examination of the corpus delicti when the substantive crime is measured by medical record or equivalent document.
§ 2 If the complexity of the case or circumstances do not permit the formulation of the complaint, the prosecutor may ask the judge re-routing of existing parts, in the shape of the sole paragraph of Art. 66 of this Law
§ 3 The criminal action initiated by the offended party may be offered oral complaint, leaving the judge determine whether the complexity and the circumstances determining the adoption of the provisions foreseen in the sole paragraph of art. 66 of this Law
Article 78
Provided the complaint or grievance shall be reduced in time, giving themselves a copy to the accused, with which it will be cited and immediately made aware of the appointment day and time for the hearing and trial, which also take science prosecutors, the offended, the responsible civil and their attorneys.
§ 1 If the accused is not present, will be quoted in the form of arts. 66 and 68 of this Law and, advising the date of the hearing and trial, it must bring its request to present witnesses or subpoena at least five days before its completion.
§ 2 in the presence of the victim and the responsible civilian, will be notified in accordance with art. 67th of this Act to attend the hearing and trial.
§ 3 The witnesses listed will be summoned as provided in Art. 67 of this Law
Article 81
Open the hearing will be given the floor to advocate to answer the charge, after which the judge will receive or not the complaint or grievance, having received, will be heard the victim and the witnesses for the prosecution and defense questioned whether the following the accused, if present, moving immediately to the debates and the oral pronouncement of sentence.
§ 1 All evidence shall be produced at the hearing and trial, the judge may limit or exclude it deems excessive, irrelevant or dilatory.
§ 2 In all occurred at the hearing shall be recorded term, signed by the Judge and the parties, containing brief summary of relevant facts in open court and the sentence.
§ 3 The ruling, dismissed the report, lists the elements of conviction of the Judge.
Article 82
The decision rejecting the complaint or grievance and the award may be appealed, which could be judged by class composed of three judges in office on the first level court, meeting within the Juvenile Court.
§ 1 The appeal shall be filed within ten days from the science of sentence by the prosecutor, the defendant and his counsel, by written submission, containing the reasons and the applicant’s request.
§ 2 The defendant will be ordered to provide written response within ten days.
§ 3 The parties may request a transcript of the recording tape alluded to in § 3 of art. 65 of this Law
§ 4 The parties shall be summoned to the date of trial session in the press.
§ 5 If the sentence is confirmed by their pleas, the trial will serve as a general outline of the above.
Art. 83
Fit when requests for clarification on the sentence or above, there is obscurity, contradiction, omission or doubt.
§ 1 The requests for clarification will be opposed in writing or verbally, within five days from the science of decision.
§ 2 When the sentence against opposing the motion for clarification shall suspend the period for appeal.
§ 3 The clerical errors can be corrected letter.
Article 92
Alternatively apply the provisions of the Criminal Code and Criminal Procedure, in which are not inconsistent with this Law
Article 89
In crimes where the minimum penalty threatened one is equal to or less than one year, or not covered by this Act, the Public Ministry by providing a complaint, may propose the suspension of proceedings, in two to four years, provided that the accused did not being prosecuted or has not been convicted of another crime, presents the other requirements that would authorize the probation (art. 77 of the Criminal Code).
§ 1 accepted the proposal by the accused and his counsel in the presence of the Judge, this, receiving the complaint, may suspend the process, subjecting the accused to trial period under the following conditions:
- Repair the damage, unless unable to do so;
- Prohibition on frequenting certain places;
- Ban to leave the county where you reside, without the permission of the Judge;
- Personal attendance and mandatory court monthly to inform and justify their activities.
§ 2 The judge may specify other conditions which shall be subject to suspension, provided that appropriate to the fact and the personal situation of the accused.
§ 3 The suspension will be revoked if in the course of the period, the recipient were to be prosecuted for another crime or not make, without good reason, to repair the damage.
§ 4 A suspension may be revoked if the accused is subsequently processed in the course of the term, misdemeanor, or breaches any other condition.
§ 5 After the period without revocation, the judge declared extinct in criminality.
§ 6 No prescription will run during the period of suspension of proceedings.
§ 7 If the accused does not accept the proposal contained in that article, the process will continue in their subsequent terms
Article 77 (CP)
The execution of sentence of imprisonment not exceeding two (2) years, may be suspended for two (2) to 4 (four) years, provided that:
- The offender is a recidivist in felony;
- The guilt, the history, social behavior and personality of the agent, as well as the reasons and circumstances permit the granting of benefícioIII – Do not be indicated or appropriate substitution provided for in art . 44 of this Code.
§ 1
The previous conviction to a fine of not preclude the granting of the benefit.
§ 2 The
Execution of sentence of imprisonment not exceeding four years, may be suspended, for four to six years, provided that the offender is over seventy years of age or health reasons justifying the suspension.
Article 492
Then the President will pronounce a decision that (Writing by Law No. 11,689, 2008) http://www.planalto.gov.br/ccivil_03/_Ato2007-2010/2008/Lei/L11689.htm
§ 1 If there is downgrading the offense to another, the jurisdiction of the judge, the chairman of the Jury Trial fit utter sentence then being applied, when the offense resulting from the new typing is regarded by law as criminal offenses of lower potential offensive, the provisions in arts. 69 et seq of the Law No. 9099 of 26 September 1995. (Writing by Law No. 11,689, 2008) http://www.planalto.gov.br/ccivil_03/_Ato2007-2010/2008/Lei/L11689.htm