Aumento pena multa em recurso exclusivo defesa

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CEBRASPE (2023):

QUESTÃO ERRADA: Tribunal pode aumentar a pena de multa em recurso exclusivo da defesa, desde que, no mesmo julgamento, reduza a pena privativa de liberdade. 

Caracteriza manifesta ilegalidade, por violação ao princípio da “non reformatio in pejus”, a majoração da pena de multa por tribunal, na hipótese de recurso exclusivo da defesa. Isso porque, na apreciação de recurso exclusivo da defesa, o tribunal não pode inovar na fundamentação da dosimetria da pena, contra o condenado, ainda que a inovação não resulte em aumento da pena final. STF. 2ª Turma. RHC 194952 AgR/SP, Rel. Min. Ricardo Lewandowski, julgado em 13/4/2021 (Info 1013).

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