Embezzlement

Authors

  • Antônio Cláudio Mariz de Oliveira

Keywords:

Embezzlement, Pledge, Property of another, Fungibility, Atypicality

Abstract

The legal opinion examines whether the sale of pledged alcohol by directors of the executed company constitutes the crime of embezzlement (art. 168, § 1, II, of the Penal Code). The methodology is dogmatic-analytical, with examination of the elements of the offense (property of another, intent to embezzle, consummation) and the legal nature of the pledge, which produces merely procedural effects, without transfer of ownership. The author concludes that the conduct is atypical: the property was not of another, as the directors acted on behalf of their own company; the intent to embezzle was absent, since the debt was paid; and the property was fungible, with no loss to the creditor, thus the indictment must be dismissed.

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Author Biography

Antônio Cláudio Mariz de Oliveira

Advogado.

References

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Published

1994-07-01

How to Cite

OLIVEIRA, Antônio Cláudio Mariz de. Embezzlement. Brazilian Journal of Criminal Science, São Paulo, v. 7, n. 7, p. 153–159, 1994. Disponível em: https://publicacoes.ibccrim.org.br/index.php/RBCCRIM/article/view/3331. Acesso em: 20 oct. 2026.
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