Ministra anula sentença porque réu depôs antes de retorno de carta precatória
Ainda que haja inquirição de testemunhas por carta precatória, o interrogatório do réu deve ser feito por último. Com esse entendimento, a ministra Laurita Vaz, do Superior Tribunal de Justiça, concedeu a ordem em Habeas Corpus para anular sentença de réu que fora condenado por descaminho.
Rafael Luz/STJ
A decisão monocrática aplicou recente precedente da 3ª Seção do STJ, em que unificou a jurisprudência das turmas criminais no sentido de considerar nula a decisão se o interrogatório do réu em ação penal não for o último ato da instrução.
No caso, o Tribunal Regional Federal da 1ª Região havia descartado a existência de nulidade por falta de comprovação da defesa, no entendimento que ainda figurava pela 6ª Turma, antes da unificação jurisprudencial.
Ao STJ, o advogado do réu, Alvaro Silva, do escritório Albuquerque e Silva Advogados, apontou descumprimento de norma legal expressa no artigo 400 do Código de Processo Penal e ofensa aos princípios do contraditório e da ampla defesa, bem como do devido processo legal, de modo que mostra-se imprescindível para sua efetiva defesa.
“No caso, a defesa se insurgiu contra a realização do interrogatório antes da inquirição das testemunhas antes mesmo da realização da audiência de interrogatório, na própria audiência, nas alegações finais e no recurso de apelação. Nesse contexto, é imperioso o reconhecimento da nulidade suscitada na presente impetração”, afirmou a ministra Laurita Vaz.
HC 629.900
Fonte :https://www.conjur.com.br/2021-abr-19/interrogatorio-reu-aguardar-cartas-precatorias-testemunhas
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