🌟 Instante Jurídico Community: 👉 https://instantejuridico.com.br/ 📚✨ In the Instante Jurídico Community, which was made for the OAB and PUBLIC EXAM, you receive: 1️⃣ - ANIMATED CLASSES 2️⃣ - MENTAL MAPS 3️⃣ - ILLUSTRATED HANDBOOKS 4️⃣ - QUESTION BOOKLET WITH COMMENTED ANSWER KEY 🌟 Instante Jurídico Community: 👉 https://instantejuridico.com.br/ EMBEZZLEMENT IS ONE OF THE SEVERAL CRIMES THAT CAN BE COMMITTED BY PUBLIC SERVANTS AGAINST THE PUBLIC ADMINISTRATION. As it is a crime that can only be committed by a public servant, it is classified as a crime in itself. The crime of embezzlement refers to the conduct of a public servant who APPROPRIATES, DIVERTS OR STEALS property that he/she has possession of by virtue of his/her position. The Penal Code deals with embezzlement in article 312, which states: A public servant who appropriates money, valuables or any other movable property, public or private, that he/she has possession of by virtue of his/her position, or diverts it, for his/her own benefit or that of another person. In addition to this concept that is in the caput, we have the provisions of the paragraphs that deal with negligent embezzlement, embezzlement-appropriation, embezzlement-theft and embezzlement-misappropriation. In turn, art. 313 of the Penal Code deals with embezzlement through the error of another, which states: Art. 313 - Appropriating money or any utility that, in the exercise of his/her position, he/she received through the error of another person: In this class, you will see everything you need to know to never make mistakes on embezzlement issues again. So, subscribe to the channel, comment and I will pass it on and if you want to give back to the channel, become a member and get exclusive benefits.  EMBEZZLEMENT Classification: The classification of a crime always has three elements, which are: the active subject (who is the criminal), the passive subject (who is the victim) and the protected legal asset. The active subject of the crime of embezzlement will always be a public servant who acts by virtue of his/her position, so it is a specific crime. The passive subject of the crime will always be the Public Administration and may also be a private individual. The protected legal asset is the property that the criminal law protects. To help you understand better, let's look at an example. IJ had his vehicle seized and towed to the DETRAN depot. Fulanilson is a public servant who works for DETRAN and is responsible for surveillance of the place. He notices that IJ's car radio is a super modern model and that it would look cool in his car. Fulanilson takes advantage of the situation and steals the radio from IJ's car. In this case, since Fulanilson took advantage of his position as a civil servant and stole the radio from the office, he committed the crime of embezzlement. Attention: what is important for the configuration of the crime of embezzlement is that the active subject is a civil servant and commits the crime using his position.  EMBEZZLEMENT-APPROPRIATION Embezzlement-appropriation occurs when a civil servant appropriates something by virtue of his position. Ex. Marieta is a police officer and arrests a drug dealer. At the police station, she was taking him to the cell and asked him to remove his watch and cell phone. Since his cell phone was the latest model, she appropriated the device.  EMBEZZLEMENT-MISORRISION Embezzlement-misappropriation occurs when a civil servant diverts funds or assets for a purpose that is not in the public interest. Ex. Gerentovisc is the civil servant responsible for the financial management of the Public Administration. Since he has access to all the data, he withdraws part of the money to pay his personal bills.  EMBEZZLEMENT-THEFT Embezzlement-theft is provided for in article 312, §1°, CP. The crime occurs when the public servant does not have possession of the property, but he takes advantage of his position as a public servant to commit the crime. Ex. Gabriel is a public servant and works as a security guard at building X belonging to the Public Administration. At night, since the building is practically empty, he goes up to the fifth floor, enters a room and steals a computer. In this case, Gabriel will be held liable for embezzlement-theft, since he did not have possession of the computer.  CULPABLE EMBEZZLE Culpable embezzlement is provided for in article 312, §2°, CP. The crime occurs when the public servant culpably contributes to the commission of the crime. lato-culposo, since he did not have the intention, but acted negligently and imprudently. Important: of the crimes committed by public servants, the only one that admits the culpable modality is embezzlement.  EMBEZZLEMENT THROUGH SOMEONE ELSE'S MISTAKE Mrs. Antiguilsa goes to the city court and says that she did not receive the IPVA bill, but that she had already gone ahead and had the money to pay it. The clerk, who is a public servant, takes advantage of the situation and receives the money. In this case, since someone else's mistake was spontaneous, we have the crime of embezzlement.