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Justice orders Brazilian Federal Regional Court of the 4th Region to revoke arrests issued solely on the basis of a second instance conviction

11/22/2019

Justice Cármen Lúcia, of the Brazilian Federal Supreme Court (STF), determined that the Federal Regional Court of the 4th Region (TRF-4), headquartered in Porto Alegre (RS), review all prisons decreed in that court whose grounds is the conviction at second instance. According to the decision of the rapporteur, taken in Habeas Corpus (HC) 156583, the defendants arrested solely for this reason should be released due to the understanding of the STF that prohibits the beginning of provisional enforcement of the sentence.

The Habeas Corpus was filed by a lawyer against the decision of the Brazilian Superior Court of Justice (STJ) that considered valid the Precedent 122 of TRF-4, which authorizes the automatic arrest after the second instance.

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