QUESTÃO CERTA: O recurso cabível da decisão que determina medida assecuratória nos crimes de lavagem de dinheiro é o da apelação.
É possível a interposição de apelação, com fundamento no art. 593, II, do CPP, contra decisão que tenha determinado medida assecuratória prevista no art. 4, caput, da Lei n. 9.613/98 (Lei de Lavagem de Dinheiro), a despeito da possibilidade de postulação direta ao juiz constritor objetivando a liberação total ou parcial dos bens, direitos ou valores constritos (art. 4, §§ 2 e 3, da mesma Lei). STJ. 5a Turma. REsp 1.585.781-RS, Rel. Min. Felix Fischer, julgado em 28/6/2016 (Info 587).
CERTO – STJ, REsp 1.585.781 – Apesar de ser cabível pedido de liberação diretamente ao juízo que decretou a medida assecuratória de bens (Art. 4o … § 2o O juiz determinará a liberação total ou parcial dos bens, direitos e valores quando comprovada a licitude de sua origem, mantendo-se a constrição dos bens, direitos e valores necessários e suficientes à reparação dos danos e ao pagamento de prestações pecuniárias, multas e custas decorrentes da infração penal; § 3o Nenhum pedido de liberação será conhecido sem o comparecimento pessoal do acusado ou de interposta pessoa a que se refere o caput deste artigo, podendo o juiz determinar a prática de atos necessários à conservação de bens, direitos ou valores, sem prejuízo do disposto no § 1o.), também é cabível a apelação conforme art. 593, II, do CPP.
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