ESTUDO DE CASO DE RECEPTAÇÃO DE MOTO FURTADA E ACUSAÇÃO POR ADULTERAÇÃO DE SINAL IDENTIFICADOR DE VEÍCULO AUTOMOTOR COM ABSOLVIÇÃO DOS ACUSADOS BASEADA NO PRINCÍPIO DE CULPA PRESUMIDA NO DIREITO PENAL EM COMPARAÇÃO AOS MESMOS CRIMES NA LEGISLAÇÂO ATUAL

• DOI: https://doi.org/10.22533/at.ed.72724100410

• Palavras-chave: PALAVRAS-CHAVE: Receptação de Furto. Acusação Indevida. Princípio da Culpa Presumida. Adulteração de Sinal Identificador de Veículo Automotor.

• Keywords: KEYWORDS: Theft Reception. Undue Accusation. Principle of Presumed Guilt. Tampering with Motor Vehicle Identification Signal.

• Abstract: ABSTRACT. In Criminal Law, there are usually changes in Typicality and Penalties for crimes with more serious or less serious criminalization in the new law. This implies changes in the Dosimetry of the Penalty and/or in the Accused's Conviction for the same crime that occurred at different times. In the case under study, steps taken from the records of a case for the Crime of Receiving motorcycle theft and accusation of tampering with an identification sign with an accusation without concrete evidence in the records were analyzed. At the time of the incident, the accused's defense based its defense on the Principle of Presumed Guilt, not accepted in Criminal Law, and the accused was absorbed. If the crime had occurred today, there would be a great possibility that the accused would be convicted based on art. 311 of the Penal Code. As a Research Methodology, the Nature of the Type was followed: Discursive-Argumentative and its objective was to use Questions and their respective Answers taken from the records capable of serving as a Base for Strategic Lines of action in similar cases.