Post by account_disabled on Mar 6, 2024 4:32:49 GMT -5
Any delay in the Habeas Corpus trial by the Superior Court of Justice cannot be interpreted as a denial of jurisdictional provision. Based on this understanding the request for an injunction requested in the Supreme Court by the defense of Antônio Oliveira Claramunt known as Toninho from Barcelona was denied.
The case's rapporteur Minister Dias Toffoli analyzed the precautionary request and highlighted that the defense's intention is for the Supreme Court to discuss “issues not definitively analyzed in the STJ with a blatant intention of suppressing the previous instance”. He also recalled that the granting of an injunction in Habeas Corpus is an exceptional measure and is only justified when the questioned decision is blatantly illegal.
The minister also highlighted that it is not recommended BTC Number Data to order the STJ to immediately take the case to trial under penalty of interfering with its legaladministrative organization and unduly neglecting older cases that are also awaiting trial. With these considerations the injunction was rejected. The case will be definitively analyzed later.
Toninho Barcelona's defense claimed that the HC has been pending before the STJ for more than a year and when it is judged definitively it will be able to recognize the prescription of the sentence set at two years and months for currency evasion. The lawyers explain that due to the reduction of one third of the sentence suggested by the Federal Public Ministry based on the benefit of the plea bargain the final sentence would be at most two years “a circumstance that would inexorably lead to the prescription of the sentence imposed”.
The rapporteur of the case at the STJ denied an injunction on the grounds that the execution of the sentence had not yet started and therefore there were no reasons to decide the case on an injunctive basis. The defense claims that the Supreme Court should prevent the accused from “starting in the next few days serving the sentence that the STJ will most likely recognize prescribed in the judgment on the merits” of the case being processed in that Court. With information from the STF Press Office.
The case's rapporteur Minister Dias Toffoli analyzed the precautionary request and highlighted that the defense's intention is for the Supreme Court to discuss “issues not definitively analyzed in the STJ with a blatant intention of suppressing the previous instance”. He also recalled that the granting of an injunction in Habeas Corpus is an exceptional measure and is only justified when the questioned decision is blatantly illegal.
The minister also highlighted that it is not recommended BTC Number Data to order the STJ to immediately take the case to trial under penalty of interfering with its legaladministrative organization and unduly neglecting older cases that are also awaiting trial. With these considerations the injunction was rejected. The case will be definitively analyzed later.
Toninho Barcelona's defense claimed that the HC has been pending before the STJ for more than a year and when it is judged definitively it will be able to recognize the prescription of the sentence set at two years and months for currency evasion. The lawyers explain that due to the reduction of one third of the sentence suggested by the Federal Public Ministry based on the benefit of the plea bargain the final sentence would be at most two years “a circumstance that would inexorably lead to the prescription of the sentence imposed”.
The rapporteur of the case at the STJ denied an injunction on the grounds that the execution of the sentence had not yet started and therefore there were no reasons to decide the case on an injunctive basis. The defense claims that the Supreme Court should prevent the accused from “starting in the next few days serving the sentence that the STJ will most likely recognize prescribed in the judgment on the merits” of the case being processed in that Court. With information from the STF Press Office.