Post by anik4400 on Feb 21, 2024 23:13:34 GMT -6
The Plenary of the Federal Supreme Court began judging this Thursday (23/3) an action questioning the creation of the State Department of Criminal Executions and the State Department of Police Inquiries in the Judiciary of São Paulo.
The case's rapporteur, Minister Dias Toffoli, has not yet presented his vote, but anticipated that he will speak out for the general validity of the model. However, Toffoli declared that he will take a stand for the unconstitutionality of paragraph 3 of article 1 of Complementary Law 1,208/2013 of the state of São Paulo.
The provision establishes that the Superior Council of the Judiciary will designate the judges who will wor Vietnam WhatsApp Number k in the State Department of Criminal Executions and the State Department of Police Inquiries, as well as the permanent inspector of prisons in each regional unit and the permanent inspector of the Civil Police upon registration of the judges. interested parties, taking into account their professional history.
The trial will resume in next Wednesday's session (29/3).
Greater volume
The departments were created by state Complementary Law 1,208/2013, regulated by Resolution 617/2013 of the Court of Justice of São Paulo. They must operate through regional units to be installed in the ten administrative headquarters of the TJ-SP, observing the criterion of greater volume of processes.
The Attorney General's Office, author of the action, claims that the installation of departments only in the districts with the greatest procedural movement in the state violates the guarantees of broad access to Justice, broad defense and the efficiency of public administration.
Representatives of the Brazilian Institute of Criminal Sciences (Ibccrim), the Institute for the Defense of the Right to Defense (IDDD) and the São Paulo Public Defender's Office, who act as amici curiae , also spoke out in favor of the nullity of the model.
They maintain that the system violates the principle of irremovability, according to which the judge cannot be removed from the district in the name of guaranteeing impartiality.
Efficiency of Justice
The São Paulo State Attorney's Office argued that, contrary to what was claimed by the PGR, the law meets the principle of efficiency and the reasonable duration of the process, as it reduces the waiting time for prisoners to have their requests analyzed. With information from the STF press office.
The case's rapporteur, Minister Dias Toffoli, has not yet presented his vote, but anticipated that he will speak out for the general validity of the model. However, Toffoli declared that he will take a stand for the unconstitutionality of paragraph 3 of article 1 of Complementary Law 1,208/2013 of the state of São Paulo.
The provision establishes that the Superior Council of the Judiciary will designate the judges who will wor Vietnam WhatsApp Number k in the State Department of Criminal Executions and the State Department of Police Inquiries, as well as the permanent inspector of prisons in each regional unit and the permanent inspector of the Civil Police upon registration of the judges. interested parties, taking into account their professional history.
The trial will resume in next Wednesday's session (29/3).
Greater volume
The departments were created by state Complementary Law 1,208/2013, regulated by Resolution 617/2013 of the Court of Justice of São Paulo. They must operate through regional units to be installed in the ten administrative headquarters of the TJ-SP, observing the criterion of greater volume of processes.
The Attorney General's Office, author of the action, claims that the installation of departments only in the districts with the greatest procedural movement in the state violates the guarantees of broad access to Justice, broad defense and the efficiency of public administration.
Representatives of the Brazilian Institute of Criminal Sciences (Ibccrim), the Institute for the Defense of the Right to Defense (IDDD) and the São Paulo Public Defender's Office, who act as amici curiae , also spoke out in favor of the nullity of the model.
They maintain that the system violates the principle of irremovability, according to which the judge cannot be removed from the district in the name of guaranteeing impartiality.
Efficiency of Justice
The São Paulo State Attorney's Office argued that, contrary to what was claimed by the PGR, the law meets the principle of efficiency and the reasonable duration of the process, as it reduces the waiting time for prisoners to have their requests analyzed. With information from the STF press office.