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The Criminal Chamber of the Federal Prosecution publishes a statement expressing outrage at the injunction of Minister Marco Aurelio, who ordered the suspension of execution of the sentence handed down at the end of the second trial.
The "monocratic decision" may mean the release of countless people convicted of serious offenses such as homicide, robbery, rape, child badgraphy, participation in militias, organizations and criminal factions, corruption, embezzlement and auction fraud, undermining the effective implementation of public policies such as health "
It is signed by six members of the Criminal Chamber, known as "surprised and indignant". NOTE
Precautionary measure in the declaratory action of Constitutionali The members of the criminal chamber of the Federal Prosecution, surprised and indignant by the measure of Precaution taken in Constitutional Declaration Action no.
The precautionary measure mentioned, taken today, December 19, 2018, "determined the suspension of the execution of the sentence whose decision to execute it did not still adopted in res judicata ".
The decision contradicts what had already been decided by the plenary meeting of the STF, which had rejected by majority the decisions of the Supreme Court. in ADCs 43 and 44 and understood that art. 283 of the Code of Criminal Procedure does not preclude the commencement of the sentence after conviction in the second instance, as was the case in Habeas Corpus 126292, and does not respect the sovereignty of the accused. jury.
This monocratic decision, thus contributing to legal insecurity and increased impunity. In addition, this may mean the release of countless people convicted for serious crimes such as murder, robbery, rape, child badgraphy, involvement in militias, criminal organizations and factions, corruption, embezzlement of public resources and fraud against the real.
It is expected that the plenary of the Supreme Court, aware of the repercussions of this precautionary measure taken in a monocratic manner, disagrees with the understanding of the majority of its members,
Finally, we hope that the appeal of the Attorney General of the Republic against this decision will be allowed by the Court of Appeal. Presidency of the Federal Supreme Court
Brasilia, 19 December 2018.
LUIZA CRISTINA FONSECA FRISCHEISEN Deputy Attorney General of the Republic
MÁRCIA NOLL BARBOZA Attorney Regional Council of the Substitute Republic
JOSÉ ADONIS ANNOUNCES
] CLÁUDIO DUTRA FONTELLA Regional Prosecutor of the Alternative Republic
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