STF DECISION ON THE CONVICTED OF PRISON IN SECOND INSTANCE - DR. ANGELO MONTEIRO (LAWYER)

STF DECISION ON THE CONVICTED OF PRISON IN SECOND INSTANCE - DR. ANGELO MONTEIRO (LAWYER)
Yesterday the Supreme Court decision, after confirmation of the conviction of the accused by the Courts of 2nd instance ,, as the Courts of Justice of the States and the Federal Regional Courts, the defendants may be prisoners, regardless of recourse to the Superior Court of Justice and / or the Supreme Court, against the "fall of the presumption of innocence."

Reason sees the Supreme, for in accordance with the Federal Constitution, resources STJ and STF headquarters, we discuss if and only procedural law, as an offense to the federal law, judicial dissent and international treaties in the case of special appeal to the court, and offense to the Constitution in the case of an extraordinary appeal to the Supreme.

So-called exceptional resources are not intended to discuss assessment of the evidence, and even, committing crimes, running out on an appeal of thirst, so there was no reason the convicted remain loose, and by generally procrastinating feature, try prescription, ie the loss of the State to punish him with jail time, extinction of the proceedings so.

Thus, the Supreme Court decision in no way violates the Defense of the Right to Accused criminally.

This is our understanding.


DR. ANGELO MONTEIROLawyer / MM. Management / Journal EducatchAddress: Rua Senador Paulo Egídio, 72 - Sala 1202 - CentroCEP: 01006-010 - São Paulo - SPPhones: (11) 3104-4549 - Office
            (11) 7758-1522 ID 55 * 13 * 11813 - NextelE-mail: angelo@advrezende.com.br (alternative)Facebook: Angelo Monteiro (MM Management.)