Post by firoj1616 on Feb 15, 2024 16:40:52 GMT 6
The 1st Panel of the Federal Supreme Court guaranteed a person convicted of a crime against the tax system the right to appeal the sentence even if he was not in prison. The Habeas Corpus granted enforces the double degree of jurisdiction - review by a higher court of a sentence handed down by a judge regarding the defendant's requirement for imprisonment so that his appeal can be processed. In this Habeas, identical to the one filed in the STJ, the defense asked the STF to order the 2nd Federal Criminal Court of Curitiba a new admission exam for the appeal, thus guaranteeing the right to double degree. For Ricardo Lewandowski, the action deals with the confrontation of two legal precepts.
On the one hand, the double degree of jurisdiction and on the other hand the requirement for the defendant to be arrested for his appeal to be processed (in accordance with article 594 of the Criminal Procedure Code – CPP). Lewandowski stated that he considers that the right to double degrees has “constitutional status, even though the Magna Carta does not make direct mention of it”. This Canada Email List is because, continues the minister, the 'due process of law' , contained in article 5, LXVI, contemplates this possibility. Thus, in the minister's understanding, the “double degree" must prevail over article 594 of the CPP. “Such right integrates the national system of fundamental rights and guarantees, as decided by the Supreme Court in ADI 1675”, he confirmed. The rapporteur considered that the incorporation of this right was subsequent to the publication of the Decree-Law.
This is because Brazil ratified the Inter-American Convention on Human Rights (the San José Pact) in 1992. “Thus, any contrary provision of the procedural law is, if not revoked, at least substantially mitigated”. Regarding Habeas in the trial, Lewandowski said that “the recognition of the double degree does not invalidate the legality of the precautionary custody decreed to the detriment of the patient, and it may continue regardless of whether the appeal is admitted.”Government authorities and media representatives were invited to the hearing, which is open to the entire interested population. The information is from Jornal do Commercio . Operation Hurricane Report from the newspaper O Estado de S. Paulo informs that the STJ minister, Paulo Medina, and his brother, Virgílio Medina, were key players in the scheme to sell injunctions to the bingo mafia, according to the PF investigation. From July to August alone, the brothers would have received from R$600,000 to R$1 million from the scheme to grant an injunction, releasing slot machines from the company Betec Games.
On the one hand, the double degree of jurisdiction and on the other hand the requirement for the defendant to be arrested for his appeal to be processed (in accordance with article 594 of the Criminal Procedure Code – CPP). Lewandowski stated that he considers that the right to double degrees has “constitutional status, even though the Magna Carta does not make direct mention of it”. This Canada Email List is because, continues the minister, the 'due process of law' , contained in article 5, LXVI, contemplates this possibility. Thus, in the minister's understanding, the “double degree" must prevail over article 594 of the CPP. “Such right integrates the national system of fundamental rights and guarantees, as decided by the Supreme Court in ADI 1675”, he confirmed. The rapporteur considered that the incorporation of this right was subsequent to the publication of the Decree-Law.
This is because Brazil ratified the Inter-American Convention on Human Rights (the San José Pact) in 1992. “Thus, any contrary provision of the procedural law is, if not revoked, at least substantially mitigated”. Regarding Habeas in the trial, Lewandowski said that “the recognition of the double degree does not invalidate the legality of the precautionary custody decreed to the detriment of the patient, and it may continue regardless of whether the appeal is admitted.”Government authorities and media representatives were invited to the hearing, which is open to the entire interested population. The information is from Jornal do Commercio . Operation Hurricane Report from the newspaper O Estado de S. Paulo informs that the STJ minister, Paulo Medina, and his brother, Virgílio Medina, were key players in the scheme to sell injunctions to the bingo mafia, according to the PF investigation. From July to August alone, the brothers would have received from R$600,000 to R$1 million from the scheme to grant an injunction, releasing slot machines from the company Betec Games.