terça-feira, 22 de abril de 2008

DESACATO AO PROFESSOR

Código Penal Brasileiro

Art. 331 - Desacatar funcionário público no exercício da função ou em razão dela:
Pena - detenção, de 6 (seis) meses a 2 (dois) anos, ou multa.

O crime de desacato:

"Não importa, assim, a ordem de funções ou de atribuições que possam distinguir o cargo. Importa, simplesmente, que seja cargo criado por lei, com especificação definida nesta, e cuja remuneração provenha dos cofres do Estado. A qualidade do funcionário público não assenta, pois, como já se fazia princípio doutrinário, no desempenho de função pública, mas no caráter de ocupar cargo permanente, definido em lei e remunerado pelo Estado. Os funcionários públicos estão sob regime especial, que se define e se estrutura pelos Estatutos dos Funcionários Públicos."

(Vocabulário Jurídico, de Plácido e Silva, Ed. Forense, 3º ed., pág. 331)

Observação: serve para todos que trabalham na Escola e na Diretoria de Ensino.

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