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Attorney General Raquel Dodge on Sunday presented the Federal Supreme Court with an appeal against the injunction (interim decision) ordering the suspension of the execution of the sentence of the federal deputy João Rodrigues (PSD). -SC).
The decision to suspend the execution of the sentence was taken by the President of the Superior Court of Justice, João Otávio de Noronha, the day before Saturday (22).
In 2009, the federal court of first instance sentenced the deputy to five years and three months' imprisonment in a semi-open scheme of fraud and improper auction waiver. The contest included the purchase of a backhoe. The facts are from 1999, when João Rodrigues was mayor of Pinhalzinho (SC).
After dismissing the appeals before the lower courts and the Federal Supreme Court (STF), the member's defense filed habeas corpus with the STJ, alleging a statute of limitations – a situation in which the The state loses the right to punish because of its excessive length. during the procedure.
The defense also sought a stay of the effects of the conviction. According to the MP's lawyers, more than eight years elapsed between the conviction and the final decision (exhaustion of the possibility of appeal).
STJ President João Otávio de Noronha endorsed the arguments put forward and granted habeas corpus on a preliminary (provisional) basis last Saturday (22).
The PGR then appealed the decision of the STF, which can be decided by the president of the court, Dias Toffoli, in service during the year-end judicial vacations.
In the document, Dodge states that the STF's jurisdiction over the badysis of the case was not taken into account because the Court has already considered the question of the prescription and the maintained the execution of the sentence.
"The theory of limitation was decided within the framework of the STF itself, competent court, and the judgment corresponding to the trial of February 6, 2018 leaves no doubt on this point: it is not appropriate and would not be appropriate not to the TRF of the 4th region to re-discuss the issue and not the substance, but only to oversee, by delegation of the Supreme Court, the criminal execution, "said the prosecutor.
"However, this decision falls within the jurisdiction of the Supreme Court, but not enough of the decision of the presidency, which does not deserve, to change the procedural framework formed," says an excerpt from the appeal.
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