Reflexos do artigo 36 da Nova Lei de Abuso de Autoridade quanto à penhora on-line.

Abstract

This monograph aims to verify what is the on-line pledge, and also analyze article number 36 of “Nova Lei de Abuso de Autoridade” (Authority Abuse New Legislation). It attempts to substantiate the basis of the assessment to handle it by criminalizing the conduct of the authority via adjudging pledge of the exceeded amount of money. Moreover, the magistrate knowing that the defendant does not have such an amount, should not remain silent. This research is relevant due to the consequences that this procedure is causing to the judicial branch, and so to those payees that wish to have their debt paid. Nevertheless, the penal type is imprecise, even though jurisprudential analysis can substantiate some of those possibilities that are omitted in law. These vague issues are still harmful to the criminal prosecution outcome, thus the judicial branch should be penalized, as well as its enforceable act of on-line pledge that ends up having denials on large scale because of the magistrate’s doubts. Therefore, it is possible to conclude that, although the penal type is important to the repression of the crime mentioned, it requires more specifications to make it clearer. The inductive method was used as the primary concept about the pledge, in this case, on-line pledge plus the concepts of the authority abuse crime foresaw in article number 36, caput, from lei (law) 13.869/2019, and also the concepts of criminal law plus procedural criminal law and constitutional principles. For that, it will be used doctrinal combined with jurisprudential review to comprehend the theory and its factual circumstances. Also, as the procedural method, inductive measures will be used such as jurisprudential aspects to achieve the doctrinaire illustration above or a general perspective of what the penal type has been implying to the scientific problem.