12/09/2024 – 18:25
The Supreme Federal Court (STF) decided this Thursday (12) to validate immediate arrests of those convicted by the Jury Court. With the decision, criminals who are convicted of homicide will begin to serve their sentence immediately, without the right to appeal in freedom.
For most ministers, the constitutional principle of the sovereignty of jury verdicts authorizes the immediate execution of the sentence.
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Immediate imprisonment is only valid for convictions by jury. In other cases, imprisonment to serve the sentence continues as currently applied, that is, only after all possible appeals have been exhausted.
The case began to be tried in August last year in the virtual plenary, when a majority of votes were recorded for immediate imprisonment. However, the trial was suspended to be resumed in the physical plenary.
Yesterday (11), the case rapporteur, Minister Luís Roberto Barroso, voted in favor of immediate arrest. Minister Gilmar Mendes opened the divergence and stated that the early execution of the sentence violates the presumption of innocence of the accused.
In the session this Thursday, the trial was concluded with the majority of votes for immediate imprisonment. The rapporteur’s understanding was followed by ministers André Mendonça, Nunes Marques, Alexandre de Moraes, Cármen Lúcia and Dias Toffoli.
Edson Fachin and Luiz Fux also spoke out in favor of immediate imprisonment, but only for sentences of more than 15 years.
Rosa Weber and Ricardo Lewandowski, who voted before retirement, spoke out against immediate arrest.
During the session, Minister Alexandre de Moraes cited cases in which the murderer arrives in preventive detention for trial, but leaves the courtroom free after the conviction is handed down. The minister also said that the lack of immediate detention puts the lives of jurors at risk.
“We cannot allow this situation of impunity to continue, where, after appeal after appeal, a person already convicted by a jury remains free for years and years,” he stated.
Justice Cármen Lúcia, the only woman on the Supreme Court, also voted for immediate imprisonment and said that democracy has no gender. The minister defended punishment for femicides and said that, “when one woman is raped, all are raped.”
“When women are murdered, alcohol is thrown in their faces, stabbed in their faces, shot in their faces to tarnish their image. This happens to us. To me and to everyone else. It’s not because I’m a Supreme Court justice that I don’t suffer prejudice. I do. This happens every day in this country,” she said.
The Court’s decision involves an appeal by a man sentenced to 26 years for femicide. The accused stabbed his ex-partner four times after a disagreement over the end of their relationship. He was sentenced to immediate imprisonment, but his defense filed an appeal.
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