Post by anik4500 on Feb 25, 2024 1:59:14 GMT -6
Relations between employer and employee lawyer. "If a law were to come today saying that the fees belong to the employer, it would be licit to conclude that employment contracts concluded under Law 8,906/1994 — which, by virtue of article 21, allocated the honorarium to the lawyer — should be immediately impacted, changing the ownership of fees in all cases not yet sentenced?", he asked.The 6th Panel of the Superior Court of Justice decided that the judge can convict the defendant even if the Public Prosecutor's Office asks for acquittal in its final arguments. However, the interpretation that prevailed in the court faces strong opposition from a group of legal professionals, who see it as violations of the adversarial system. Nelson Jr./STF Minister Rogerio Schietti, from the STJ, delivered the winning vote in the Nelson Jr./SCO/STF trial In the trial, the winning vote was that of minister Rogerio Schietti. The judge understood that, when the MP asks for acquittal, he does not abandon the criminal prosecution, and there is still a conflict to be resolved.
For him, making the judge's decision conditional on the MP's statement would transform the accusing body into a judge and would violate the functional independence of the judiciary. Accusatory system The conflict concerns two provisions of the Criminal Procedure Code. Article 385 of the rule expressly authorizes the ju Chinese American Phone Number List dge to convict even if the MP decides for acquittal. However, article 3-A, included in 2019 by the "anti-crime" package , reinforced that the Brazilian criminal process has an accusatory structure and prohibited the magistrate from acting ex officio. The accusatory system, reinforced by recent regulations, has been consolidated in the country since the 1988 Constitution. In it, there is a separation between the functions of accusing, judging and defending. It is different from inquisitorial systems, in which all these functions are the responsibility of the judge.
According to criminalist Márcia Dinis , the inclusion of article 3-A should imply the tacit revocation of article 385 — tacit repeal occurs when a subsequent norm makes the previous one incompatible. "In the accusatory structure of the criminal process, the MP is the only holder of the accusatory claim, which conditions the State's power to punish to its exercise by Parquet", she states. As Renato Stanziola Vieira , president of the Brazilian Institute of Criminal Sciences (IBCCrim), highlights, one of the most important characteristics of the accusatory system is the separation of the actors in the criminal process. Thus, when the MP — who is the one who can request conviction — decides to give his opinion in favor of acquittal, the judge who condemns "is replacing himself in the request for conviction." In other words, he is "providing a sentencing decision without a request." In Márcia's view, in these cases, the judge ends up acting ex officio and, in this way, violates the accusatory principle, "basilar in the Brazilian democratic criminal process".
For him, making the judge's decision conditional on the MP's statement would transform the accusing body into a judge and would violate the functional independence of the judiciary. Accusatory system The conflict concerns two provisions of the Criminal Procedure Code. Article 385 of the rule expressly authorizes the ju Chinese American Phone Number List dge to convict even if the MP decides for acquittal. However, article 3-A, included in 2019 by the "anti-crime" package , reinforced that the Brazilian criminal process has an accusatory structure and prohibited the magistrate from acting ex officio. The accusatory system, reinforced by recent regulations, has been consolidated in the country since the 1988 Constitution. In it, there is a separation between the functions of accusing, judging and defending. It is different from inquisitorial systems, in which all these functions are the responsibility of the judge.
According to criminalist Márcia Dinis , the inclusion of article 3-A should imply the tacit revocation of article 385 — tacit repeal occurs when a subsequent norm makes the previous one incompatible. "In the accusatory structure of the criminal process, the MP is the only holder of the accusatory claim, which conditions the State's power to punish to its exercise by Parquet", she states. As Renato Stanziola Vieira , president of the Brazilian Institute of Criminal Sciences (IBCCrim), highlights, one of the most important characteristics of the accusatory system is the separation of the actors in the criminal process. Thus, when the MP — who is the one who can request conviction — decides to give his opinion in favor of acquittal, the judge who condemns "is replacing himself in the request for conviction." In other words, he is "providing a sentencing decision without a request." In Márcia's view, in these cases, the judge ends up acting ex officio and, in this way, violates the accusatory principle, "basilar in the Brazilian democratic criminal process".
I am becoming a mermaid as well 