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Suspended criminal conviction of a defendant who was not personally summoned from the decision


Justice Celso de Mello of the Brazilian Federal Supreme Court (STF) granted an injunction in Habeas Corpus (HC) 185051 to suspend the effectiveness of the criminal conviction imposed on an accused of embezzlement who was not personally notified of the decision that convicted him. According to the dean, the exercise of the prerogatives inherent to the right to appeal was prejudiced in the case.

The accused was acquitted by the Criminal Court of Concordia (SC). When analyzing an appeal by the Public Prosecutor, the Court of Justice of Santa Catarina (TJ-SC) sentenced him to one year and four months of imprisonment, in an initial semi-open regime. The decision was final in November 2019. In April of this year, the warrant for his arrest was issued.

Justice Celso de Mello said there was a violation of due process, because the accused was not personally subpoenaed of the ruling that reformed the acquittal sentence, which prevented him from having access to information about the movement of the lawsuit that was filed and lodging an appeal.


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