The court has yet to decide whether the understanding applies to any sentence or only to convictions with 15 or more years in prison.
The STF (Federal Supreme Court) formed a majority in the virtual plenary for the immediate arrest of criminal defendants convicted in the Jury Court. The deadline for reviewing the judgment ends on Monday (7.Aug.2023).
The popular jury trial is carried out by 7 jurors – a group of citizens, who may or may not have a background in law. Only intentional crimes against life (when there is intent) go to a popular jury in Brazil.
However, the Supreme Court has yet to decide whether the understanding applies to any sentence or only to convictions of 15 years or more in prison.
The vote of the rapporteur, Minister Roberto Barroso, understands that the sentence can be executed for any conviction. “The sovereignty of the verdicts of the Jury’s Court authorizes the immediate execution of the sentence imposed by the jury, regardless of the total amount of the sentence imposed”, says Barroso. Here’s the full (127 KB).
The rapporteur was accompanied by ministers Alexandre de Moraes, André Mendonça, Cármen Lúcia and Dias Toffoli.
Edson Fachin also voted for the immediate execution of the sentence, but only for convictions with more than 15 years. Held on Friday (4.Aug), Fachin’s vote was responsible for forming the majority.
Gilmar Mendes and retired minister Ricardo Lewandowski did not consider it possible to start serving the sentence immediately, but understood that preventive detention is appropriate after the decision of the Jury Court. The President of the Court, Minister Rosa Weber, accompanied Gilmar’s vote.
The votes of ministers Nunes Marques and Luiz Fux are still missing.
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