Consortium. Undue collection of administrative fee. Jurisdiction of the Federal Court

Authors

  • Alberto Zacharias Toron
  • Edson Junji Torihara

Keywords:

Consortium, Undue collection, Just cause, Habeas corpus, Federal Court jurisdiction

Abstract

The opinion examines the accusation against a managing partner of a consortium administration company for the offenses under arts. 5 and 8 of Law 7,492/86 and art. 72 of Law 8,078/90, in material concurrence, with subsequent repentance. It analyzes the lack of just cause, the absence of evidence of authorship, the indivisibility of criminal action, the incompetence of the Federal Court, the absorption of art. 5 by art. 8, and the means-end crime relationship. It concludes that the most plausible solution is the filing of habeas corpus to terminate the criminal action for lack of just cause, and that it is not advisable to discuss, in that narrow venue, federal jurisdiction or material concurrence.

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Author Biographies

Alberto Zacharias Toron

Advogado.

Edson Junji Torihara

Advogado.

References

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Published

1995-12-01

How to Cite

TORON, Alberto Zacharias; TORIHARA, Edson Junji. Consortium. Undue collection of administrative fee. Jurisdiction of the Federal Court. Brazilian Journal of Criminal Science, São Paulo, v. 12, n. 12, p. 206–221, 1995. Disponível em: https://publicacoes.ibccrim.org.br/index.php/RBCCRIM/article/view/3438. Acesso em: 20 oct. 2026.
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