A (des)necessidade de prova pericial no crime contra as relações de consumo previsto no artigo 7º, IX, da Lei n. 8.137/1990 e artigo 18, § 6º, I, da Lei n. 8.078/1990

• Autor(a) principal: Costa, Andryellen Inácio da
• Data de Publicação: 2019
• Tipo de documento: Trabalho de conclusão de curso
• Idioma: por
• Título da fonte: Repositório Universitário da Ânima (RUNA)
• Texto Completo: https://repositorio.animaeducacao.com.br/handle/ANIMA/5624
• topic: Crimes na relação de consumo; Prazo de validade; Perícia

This work aims to analyze the (non)necessity of conducting expert evidence to prove the impropriety of the products the supplier has to sell, in stock to sell or exhibits to sell, or, in any other way, delivers the raw material or the merchandise past its expiry date, as to configure criminal materiality in order to establish a fair reason for the criminal prosecution. This is an exploratory research of qualitative approach. The methodology used for data collection was bibliographical and documental, using the convenience criterion. The result indicated an expressive case law divergence between the Supreme Court of Justice and the Court of Justice of Santa Catarina concerning the (in)dispensability of the technical inspection to demonstrate the criminal materiality of the crime in discussion. This way, studies about the doctrinal classifications of the crime were carried out, as well as a thorough analysis of the crime, along with the other legal mechanisms that were indispensable to analyze the case. The conclusion was that there is no common understanding that connects all magistrates, judges, and ministers, with a present debate about the necessity or not of technical inspection for crimes related to consumption process. However, due to the respect for the hierarchy of instances, it is seen that the current judgement which prevails includes the necessity of technical inspections in the crime of Article 7, IX, of Law n. 8,137/1900 along with the Article 18, § 6, I, of Law n. 8.078/1900 in order to configure criminal materiality and fair reason for the criminal prosecution.