Recurso de apelação criminal - com professor Fernando Capez

Summary

This video introduces the concept of criminal appeals ('apelação criminal') in Brazilian law, exploring its definition, purpose, and key principles. It explains the process of interposing an appeal, the deadlines involved, and the different effects it can have on a case. Key topics include the effect of the appeal, such as devolutivo (full review), extensivo (applying to co-defendants), and suspensivo (suspending the sentence). The video is an essential guide for understanding the role of appeals in criminal procedure, with a focus on practical application and key legal references from the Brazilian Code of Criminal Procedure.

Takeaways

• 😀 Apelação is considered the primary resource in criminal law, allowing a comprehensive review of decisions made in first-degree courts.
• 😀 The appeal returns the case to the tribunal for reexamination, except for issues that have been precluded (e.g., unraised relative nullities).
• 😀 Apelação is classified as either full (plena) or restricted (restrita), with full appeal allowing the tribunal to review all aspects of the case, and restricted appeal focusing on specific parts of the decision.
• 😀 The scope of the appeal must be defined in the petition for interposition, not in the reasons for the appeal.
• 😀 In jury trials, the scope of the appeal is also determined in the petition for interposition, in line with Supreme Court ruling (Súmula 713).
• 😀 Apelação can only be used against decisions that do not allow an appeal in strict sense, as outlined in Article 581 of the Penal Code.
• 😀 The deadline for filing an appeal is generally 5 days, with additional deadlines for presenting reasons and counter-reasons (8 days in most criminal cases, 10 days in special criminal courts).
• 😀 In military criminal procedure, the appeal deadline is the same as for regular criminal cases, but the reasons and counter-reasons deadline is extended to 10 days.
• 😀 Apelação can have three key effects: devolutive (reexamination by the tribunal), extensivo (extend the effects to other co-defendants), and suspensivo (suspend the execution of the sentence until the appeal is decided).
• 😀 The competence to judge appeals lies with the chambers of state courts and regional federal courts, depending on the case.

Q & A

What is the definition of 'Apelação Criminal' (Criminal Appeal) in Brazilian law?

Apelação Criminal is considered the quintessential appellate resource in Brazilian criminal procedure. It allows for the reexamination of a case in a higher court, with a broad scope, except for issues that have already been precluded (e.g., due to a failure to timely contest certain decisions).

What does the principle 'Tantum devolutum quantum appellatum' mean in the context of an apelação?

The principle 'Tantum devolutum quantum appellatum' means that the scope of an apelação is determined by what is contested in the appeal petition. If no limits are set, the appeal is considered 'full' and encompasses all aspects of the original decision.

What are the two main types of apelação?

The two main types of apelação are: 1) **Full Appeal (Plena)**, which covers the entire decision, and 2) **Restricted Appeal (Restrita)**, which contests only part of the decision, with the limits defined in the petition.

What is the role of the 'Súmula 713' in criminal appeals involving the Tribunal do Júri?

Súmula 713 of the Supreme Federal Court (STF) dictates that in criminal appeals related to jury trials, the grounds for appeal must be outlined in the petition, not in the reasons for the appeal. This limits the scope of what can be contested in such cases.

How does the apelação differ in Juizados Especiais Criminais (Special Criminal Courts)?

In Juizados Especiais Criminais, the deadline for filing an apelação is extended to 10 days, and the appeal must be made in writing, including both the grounds for the appeal and the request for review.

What is the standard timeline for filing an apelação in Brazilian criminal law?

The standard timeline for filing an apelação is 5 days from the judgment. However, in certain cases, such as in Juizados Especiais Criminais, the deadline can be extended to 10 days.

What does the effect of 'devolutivo' mean in the context of an apelação?

The 'devolutivo' effect means that the appellate court has the authority to review the entire case, including the facts, evidence, and legal reasoning, unless precluded by law.

Can the effects of an apelação extend to co-defendants who did not file an appeal?

Yes, depending on the case, the results of an apelação can benefit co-defendants who did not file an appeal, provided that the appeal was not based on personal reasons, such as seeking a reduction of penalty.

What is the purpose of the 'suspensive effect' in an apelação?

The 'suspensive effect' means that the execution of the sentence is temporarily halted until the appeal is judged. This effect is granted depending on the specific circumstances of the case.

What is the difference between 'plena' and 'restrita' apelação?

'Plena' apelação refers to an appeal that challenges the entire decision, while 'restrita' apelação challenges only specific parts of the decision. The limits of the restricted appeal must be clearly stated in the petition, not in the reasons for the appeal.