The precautionary measure of search and seizure

Authors

  • Damásio E. de Jesus

Keywords:

Disobedience, Search and seizure, Criminal liability, Judicial order, Atypicality

Abstract

The opinion examines a consultation on the possible occurrence of the crime of disobedience imputed to the directors of Saraiva S.A. Livreiros e Editores, due to non-compliance with a judicial order of search and seizure of a literary work. It analyzes the limits of criminal liability, personal and based on intent and negligence, the typical structure of art. 330 of the Criminal Code, the legal duty to act, the legality and equivocality of the order, the intent and the potential awareness of illegality. It argues that the order, addressed only to distributors, was strictly complied with, there being no disobedience, since the Publisher had no power over autonomous retail bookstores, concluding that the fact is atypical and that there is no just cause for criminal proceedings.

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References

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Published

1996-01-01

How to Cite

JESUS, Damásio E. de. The precautionary measure of search and seizure. Brazilian Journal of Criminal Science, São Paulo, v. 13, n. 13, p. 294–300, 1996. Disponível em: https://publicacoes.ibccrim.org.br/index.php/RBCCRIM/article/view/3476. Acesso em: 20 oct. 2026.
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