Mensagem de Veto Parcial nº 538 de 19/12/2017.
MENSAGEM Nº 538, de 19 de dezembro de 2017.
Senhor Presidente do Senado Federal,
Comunico a Vossa Excelência que, nos termos do § 1º do art. 66 da Constituição, decidi vetar parcialmente, por contrariedade ao interesse público, o Projeto de Lei nº 5.568, de 2013 (nº 144/15 no Senado Federal), que "Altera dispositivos da Lei nº 9.503, de 23 de setembro de 1997 (Código de Trânsito Brasileiro), para dispor sobre crimes cometidos na direção de veículos automotores".
Ouvido, o Ministério das Cidades manifestou-se pelo veto ao seguinte dispositivo:
§ 3º do art. 291 da Lei nº 9.503, de 23 de setembro de 1997 (Código de Trânsito Brasileiro), acrescido pelo art. 2º do projeto de lei
§ 3º Nos casos previstos no § 3º do art. 302, no § 2º do art. 303 e nos §§ 1º e 2º do art. 308 deste Código, aplica-se a substituição prevista no inciso I do caput do art. 44 do Decreto-Lei nº 2.848, de 7 de dezembro de 1940 (Código Penal), quando aplicada pena privativa de liberdade não superior a quatro anos, atendidas as demais condições previstas nos incisos II e III do caput do referido artigo.
Razões do veto
"O dispositivo apresenta incongruência jurídica, sendo parcialmente inaplicável, uma vez que, dos três casos elencados, dois deles preveem penas mínimas de reclusão de 5 anos, não se enquadrando assim no mecanismo de...
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