Two other items on the agenda discuss the sovereignty of jury verdicts and the limits of the Non-Prosecution Agreement.
The STF (Supreme Federal Court) must analyze this Wednesday (September 11, 2024) whether telephone companies need to make the registration data of the investigated customer available to the police authority and the Public Prosecutor’s Office, even when there is no judicial authorization.
The action, brought by Abrafix (Brazilian Association of Telephone Service Providers), questions the provision of the Money Laundering Law (law 12,683 2012) which requires telephone companies to make this data available. The company claims that sharing without a court order violates customers’ rights to privacy and intimacy.
Jury Court Verdict
Another item on the agenda concerns an appeal with general repercussions. In other words, at the end of the trial, the ministers will define a thesis that will serve as a basis for trials on the same topic.
The resource of CRCrim (Criminal Resources Coordination) of the MP-SC (Public Ministry of Santa Catarina) defended the possibility of immediate execution of the sentence of 26 years and 8 months of imprisonment imposed by the jurors of the Jury Court on a defendant for femicide.
The thesis to be defined deals with the constitutionality of the immediate execution of the sentence applied by the Jury Court. The topic is addressed in leading case 1068.
Retroactivity of ANPP
Another item on the Court’s agenda is to analyze whether the ANPP (Non-Prosecution Agreement), established by the Anti-Crime Package (law 13,964 of 2019), can be implemented in processes initiated before 2019, when the law was created.
The instrument allows those accused of crimes without violence or serious threat, with a minimum sentence of 4 years, to confess their crimes in exchange for alternative measures to prison. On August 8th, The plenary formed a majority to admit the application of non-prosecution agreements in proceedings initiated before their creation. Therefore, in the next session, the ministers must conclude the judgment and establish a thesis that will define the limits of this retroactivity.
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