2ª Turma Anula Condenação Pelo Júri E Garante Direito Do Réu De Ter Testemunhas Ouvidas E Advogado De Sua Escolha

A Segunda Turma do Supremo Tribunal Federal, por unanimidade, anulou condenação imposta pelo Tribunal do Júri do Rio de Janeiro a C.H.S.L., por ter sido cerceado de seu direito à ampla defesa. Com a decisão, a Turma confirmou liminar concedida pelo ministro Celso de Mello, relator do caso, no Habeas Corpus (HC) 96905.

O réu havia solicitado o adiamento da sessão, pois uma testemunha imprescindível não compareceu nesse dia em virtude de atestado médico. O advogado também não teria tido tempo suficiente para tirar cópia do processo e preparar a defesa, pois foi constituído seis dias antes do julgamento e teve apenas uma hora por dia para extração de cópias, segundo relata o HC.

De acordo com o relator, o próprio Ministério Público teria concordado com o adiamento da sessão de julgamento pela ausência de testemunhas. A juíza, contudo, ordenou que a sessão prosseguisse. Além disso, para evitar defesa falha, o advogado que não teve amplo direito de copiar os autos deixou de ir ao julgamento para não prejudicar o réu.

“O exame da ata de julgamento não só confirma essa relevantíssima circunstância de o paciente haver insistido em que a sua defesa técnica, no plenário do Júri, fosse conduzida por advogado que ele mesmo constituíra, como também revela que a Defensoria Pública então designada postulara o adiamento da sessão, reconhecendo necessário respeitar-se o direito de escolha do réu”, explicou Celso de Mello. Ele lembrou que o entendimento do Supremo Tribunal Federal é de que aquele que sofre persecução penal tem direito de escolher seu próprio defensor.

Sobre a dispensa das testemunhas arroladas como imprescindíveis, o ministro declarou que o não-comparecimento ao plenário do Júri não se qualifica, ordinariamente, como causa de adiamento da sessão, exceto se a parte houver requerido a intimação da testemunha declarando não prescindir do depoimento e indicando sua localização – o que aconteceu no caso.

Celso de Mello acredita que tenha havido no caso “grave cerceamento ao direito de defesa do réu pela impossibilidade de exercer em plenitude, por intermédio de advogado de sua própria escolha, o direito de comprovar as suas alegações perante o Conselho de Sentença”.

Ao concluir seu voto, Celso de Mello alertou que os fundamentos do pedido de habeas corpus “revestem-se de relevo jurídico, pois concernem ao exercício – alegadamente desrespeitado – de uma das garantias essenciais que a Constituição da República assegura a qualquer réu, notadamente em sede processual”.

A decisão da Segunda Turma, além de anular a condenação, determina que seja realizado um novo julgamento pelo Tribunal do Júri, no qual sejam ouvidas as testemunhas apresentadas pela defesa e respeitada a escolha do réu para nomear advogado.

LF,MG/EH

41 Responses

  1. I haven¡¦t checked in here for some time as I thought it was getting boring, but the last several posts are great quality so I guess I will add you back to my everyday bloglist. You deserve it my friend :)
  2. Definitely believe that which you said. Your favorite justification seemed to be on the web the easiest thing to be aware of. I say to you, I certainly get irked while people consider worries that they just do not know about. You managed to hit the nail upon the top and also defined out the whole thing without having side-effects , people could take a signal. Will likely be back to get more. Thanks
  3. Apple at the moment consists of Rhapsody as an application, which is a perfect commence, however it is at present hampered through the incapacity in direction of retailer locally upon your iPod, and incorporates a dismal 64kbps little bit selling price. If this improvements, then it will fairly negate this comfort for the Zune, still the Ten new music per month will continue to be a large as well as inside Zune Pass' want.
  4. Nice post. I was checking continuously this blog and I am impressed! Very helpful info particularly the last part :) I care for such info a lot. I was seeking this certain info for a very long time. Thank you and good luck.
  5. Thanks a lot for providing individuals with an extraordinarily brilliant possiblity to read from this website. It's usually very superb plus stuffed with a good time for me and my office peers to search your web site on the least thrice in a week to read through the fresh stuff you have. Of course, I'm so certainly motivated concerning the splendid strategies served by you. Some 3 tips in this posting are really the most beneficial we have all had.
  6. Heya i’m for the first time here. I found this board and I find It really useful & it helped me out much. I hope to give something back and help others like you helped me.
  7. Nice weblog here! Also your site rather a lot up fast! What web host are you using? Can I get your affiliate hyperlink on your host? I want my web site loaded up as quickly as yours lol
  8. I think this is one of the most significant info for me. And i am glad reading your article. But want to remark on few general things, The website style is perfect, the articles is really nice : D. Good job, cheers
  9. Very nice post. I just stumbled upon your weblog and wished to say that I've truly enjoyed surfing around your blog posts. In any case I will be subscribing to your feed and I hope you write again soon!
  10. You completed a few nice points there. I did a search on the subject and found the majority of folks will agree with your blog.
  11. I will right away grasp your rss feed as I can not to find your e-mail subscription hyperlink or e-newsletter service. Do you have any? Kindly permit me realize in order that I may subscribe. Thanks.
  12. You really make it seem so easy with your presentation but I find this topic to be really something which I think I would never understand. It seems too complex and extremely broad for me. I am looking forward for your next post, I will try to get the hang of it!
  13. Wow! This could be one particular of the most beneficial blogs We've ever arrive across on this subject. Basically Magnificent. I'm also an expert in this topic therefore I can understand your hard work.
  14. of course like your web-site however you have to check the spelling on quite a few of your posts. Several of them are rife with spelling issues and I to find it very troublesome to tell the truth then again I will surely come back again.
  15. This is really interesting, You are a very skilled blogger. I have joined your rss feed and look forward to seeking more of your wonderful post. Also, I've shared your site in my social networks!
  16. Hello there, You have done an incredible job. I’ll definitely digg it and personally suggest to my friends. I'm sure they will be benefited from this web site.
  17. I have been surfing on-line more than three hours as of late, yet I by no means found any fascinating article like yours. It is lovely price enough for me. In my opinion, if all site owners and bloggers made excellent content as you probably did, the web will probably be a lot more helpful than ever before.
  18. Thanks for sharing superb informations. Your web site is very cool. I am impressed by the details that you¡¦ve on this web site. It reveals how nicely you perceive this subject. Bookmarked this website page, will come back for extra articles. You, my friend, ROCK! I found simply the info I already searched all over the place and simply could not come across. What a great site.
  19. I wish to express some appreciation to you for rescuing me from this problem. After surfing through the online world and seeing opinions which were not powerful, I assumed my life was done. Existing without the presence of strategies to the difficulties you have resolved by way of your main review is a serious case, and those that would have negatively affected my career if I had not encountered your site. Your personal knowledge and kindness in controlling all the things was important. I am not sure what I would have done if I had not come across such a stuff like this. I can also now look ahead to my future. Thanks very much for the reliable and sensible guide. I will not hesitate to refer your blog post to any individual who desires support about this subject.
  20. There is evidently a lot to identify about this. I assume you made various nice points in features also.
  21. Hello there, I found your website by means of Google while looking for a comparable subject, your site got here up, it seems great. I've bookmarked it in my google bookmarks.
  22. Wow! Thank you! I always needed to write on my blog something like that. Can I take a part of your post to my site?
  23. Wow! This could be one particular of the most useful blogs We've ever arrive across on this subject. Basically Fantastic. I am also an expert in this topic therefore I can understand your hard work.
  24. Thanks for every other informative web site. The place else may just I am getting that type of information written in such a perfect way? I have a challenge that I'm just now operating on, and I have been on the glance out for such information.
  25. Awsome article and straight to the point. I am not sure if this is in fact the best place to ask but do you guys have any thoughts on where to get some professional writers? Thx :)
  26. Very nice post and right to the point. I am not sure if this is really the best place to ask but do you people have any thoughts on where to get some professional writers? Thanks :)
  27. I think this is among the most vital info for me. And i am glad reading your article. But wanna remark on some general things, The web site style is perfect, the articles is really nice : D. Good job, cheers
  28. Whats up very nice website!! Man .. Excellent .. Wonderful .. I'll bookmark your blog and take the feeds additionally¡KI'm glad to search out a lot of helpful info right here in the put up, we'd like develop more techniques on this regard, thanks for sharing. . . . . .
  29. Its like you read my mind! You appear to know so much about this, like you wrote the book in it or something. I think that you could do with a few pics to drive the message home a bit, but other than that, this is magnificent blog. A great read. I will certainly be back.
  30. You made some nice points there. I looked on the internet for the topic and found most guys will consent with your website.
  31. Good write-up, I am normal visitor of one¡¦s blog, maintain up the nice operate, and It's going to be a regular visitor for a lengthy time.
  32. I'm still learning from you, while I'm trying to reach my goals. I absolutely enjoy reading everything that is posted on your website.Keep the stories coming. I loved it!
  33. you're actually a just right webmaster. The web site loading pace is incredible. It kind of feels that you are doing any distinctive trick. Moreover, The contents are masterwork. you have done a excellent job in this matter!
  34. I have been absent for some time, but now I remember why I used to love this web site. Thank you, I¡¦ll try and check back more often. How frequently you update your website?
  35. You actually make it seem so easy with your presentation but I find this topic to be actually something which I think I would never understand. It seems too complex and extremely broad for me. I'm looking forward for your next post, I’ll try to get the hang of it!
  36. Hello.This post was extremely fascinating, particularly because I was browsing for thoughts on this issue last week.
  37. I together with my guys were found to be digesting the best tips and hints from the website and so instantly got a horrible suspicion I never expressed respect to you for them. My men are already so very interested to read through them and have now simply been taking pleasure in these things. Many thanks for actually being indeed kind and then for picking out variety of smart information millions of individuals are really wanting to discover. My very own sincere regret for not expressing appreciation to you sooner.
  38. In between me and my partner we've owned even further MP3 players more than the several years than I can rely, like Sansas, iRivers, iPods (classic & touch), the Ibiza Rhapsody, and so on. But, the very last few years I have settled down in the direction of one particular line of players. Why? Considering the fact that I was satisfied in the direction of discover how well-designed and enjoyable in direction of employ the underappreciated (and greatly mocked) Zunes are.
  39. Great write-up, I¡¦m normal visitor of one¡¦s web site, maintain up the excellent operate, and It's going to be a regular visitor for a long time.
  40. I¡¦ve been exploring for a bit for any high quality articles or weblog posts in this sort of house . Exploring in Yahoo I ultimately stumbled upon this website. Studying this information So i¡¦m happy to exhibit that I've an incredibly excellent uncanny feeling I found out just what I needed. I so much indisputably will make certain to don¡¦t put out of your mind this web site and provides it a look regularly.
  41. Great write-up, I am normal visitor of one’s blog, maintain up the excellent operate, and It's going to be a regular visitor for a lengthy time.

Leave a comment