Wednesday , September 18, 2013 Read the full vote of Justice Celso de Mello on the appropriateness of embargoes infringing Read here the full vote of Justice Celso de Mello on the appropriateness of embargoes infringing on criminal actions originating in the Supreme Court .

Wednesday , September 18, 2013
Read the full vote of Justice Celso de Mello on the appropriateness of embargoes infringing
Read here the full vote of Justice Celso de Mello on the appropriateness of embargoes infringing on criminal actions originating in the Supreme Court .
" 09/18/2013 PLENARY
CRIMINAL ACTION 470 MINAS
The V T
( s / admissibility of embargoes annul)
The MINISTER CELSO DE MELLO : The closure of
session of September 12 , Thursday , regardless of the cause that
motivated , had , to me , Mr. President , an effect virtuous , because I
allowed to deepen , further , my conviction about the dispute
now under examination and that for me was exposed in voting drafted - and already
he was ready - to be delivered last week .
It is necessary to also record President , a significant
event in our constitutional history linked , by a happy coincidence
date , this trial because , as you know , exactly 67 ( sixty-seven )
years , precisely on September 18, 1946 , also a
Wednesday , was enacted in the city of Rio de Janeiro , then capital
Federal Constitution of 1946, restored freedom in our country and
which dissolved the order autocratic political regime established in the State
Again, he considered guilty from the outset , the defendants merely accused
certain offenses , by laying on them in precept compatible
with the dictatorial nature of the model then established , the burden of proving
own innocence ( Decree - Law No. 88 of 20.12.1937 , art. 20 , n . 5 ) . ( PDF ) ...
http://www.stf.jus.br/arquivo/cms/noticiaNoticiaStf/anexo/AP_470__EMBARGOS_INFRINGENTES.pdf . Access: 09.18.2013

( I conclude my vote , Mr. President . And , in doing so , I bowed to
to rectify this " special appeal " , admitting , as a result ,
the possibility of use in case of embargoes infringing ( RISTF ,
art. 333 , item I ) , existing since at least four (04 ) votes
losers , following , for this reason , the divergence initiated by
eminent Minister LUIS ROBERTO BARROSO . "
Direct Plenary : by majority vote , ministers consider reasonable embargoes infringing
By six votes to five, the Plenum of the Supreme Court (STF ) decided are embargoes reasonable infringing against the majority decision of the Full Court in criminal action arising out of your jurisdiction . Most ministers held that Article 333 of the Internal Rules of the Supreme Court, which provides the pertinence of this resource type , is in full force .
Voted in this sense ministers Luis Roberto Barroso , Teori Zavascki , Rosa Weber , Dias Toffoli , Ricardo Lewandowski and Celso de Mello , who presented his vote on the afternoon of Wednesday ( 18 ) .
Already ministers Joaquim Barbosa - President of the Court and rapporteur of Criminal Action ( AP ) 470 - Luiz Fux , Carmen Lucia , Gilmar Mendes and Marcus Aurelius were against the admissibility of embargoes infringing before the Supreme Court. These ministers argued that the Law 8.038/90 , which governs the conduct of criminal proceedings in the Supreme Court and the Superior Court of Justice ( STJ ) , would have repealed the regimental device .
The trial
After completing the trial of a motion for clarification opposed by defendants in AP 470 , the Plenum of the Supreme Court began on the last day 5 , the regimental analyze grievances brought by defendants Delúbio and Cristiano Soares de Mello Paz against the decision of the rapporteur AP 470 , which does not admitted the opposition of embargoes infringing .
At the beginning of the trial, the Minister Joaquim Barbosa maintained its position against the appropriateness of infringing on the grounds that Article 333 of the Internal Rules of the Supreme Court, which provides this kind of feature would have been repealed with the occurrence of Law 8.038/90 . On occasion, the trial was suspended back in session last Wednesday ( 11 ) , when the minister Luis Roberto Barroso opened divergence. For Barroso , Law 8.038/90 , which regulates criminal proceedings pending in the Supreme Court and the Supreme Court did not revoke the regimental device , which provides the possibility of infringing embargoes .
Average doubt
The Minister Roberto Barroso cited various pronouncements of the Court who retired ministers have said they did not understand repealed Article 333 of the RISTF . So , at what qualified as " reasonable doubt " about the livelihood of embargoes infringing or not in cases of conviction in criminal action in which the defendant get at least four votes towards acquittal , said it would be the Court casuistry " change rule of the game when he is near the end . "
Accompanying the Minister Barroso ministers Teori Zavascki , Rosa Weber , Dias Toffoli , Ricardo Lewandowski , on votes submitted in sessions last week , and the Dean of the Court, Justice Celso de Mello , on Wednesday ( 18 ) .
reporter
The current that followed the rapporteur on the inadmissibility of embargoes , formed by ministers Luiz Fux , Carmen Lucia , Gilmar Mendes , and Marcus Aurelius , who understood the Law 8.038/90 regulates criminal proceedings pending in the Supreme Court and therefore ended up revoking even tacitly , the device regimental guarantee the pertinence of embargoes infringing .
In his opinion , the rapporteur noted that the Law 8.038/90 , as well as to outline the processes of original jurisdiction of the Superior Court of Justice ( STJ ) and the Supreme Court , including criminal action originated , also specifies the applicable appeals . When specifying the resources , the minister said , this law did not foresee the pertinence of embargoes in a criminal infringers original " .
More details shortly.

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