Acórdão do Tribunal de Justiça do Estado do Espírito Santo - CÂMARAS CRIMINAIS REUNIDAS (Processo 0010732-12.2021.8.08.0000), 09/08/2021
Número do processo | 0010732-12.2021.8.08.0000 |
Data | 09 Agosto 2021 |
Data de publicação | 17 Agosto 2021 |
Classe processual | Revisão Criminal |
Órgão | Câmaras criminais reunidas |
Tribunal de Origem | TRIBUNAL DE JUSTIÇA DO ESPÍRITO SANTO |
EMENTA: REVISÃO CRIMINAL. HOMICÍDIO QUALIFICADO. ART. 121, §2º, INCISOS I, III E IV, DO CÓDIGO PENAL. CERCEAMENTO DE DEFESA. AUSÊNCIA DE JUNTADA DE DOCUMENTO APTO A AFASTAR A AUTORIA DO REVISIONANDO. NULIDADE. INOCORRÊNCIA. FATOS QUE NÃO CONSTITUEM ELEMENTO ESSENCIAL DO ATO. PRECLUSÃO. AÇÃO REVISIONAL CONHECIDA E JULGADA IMPROCEDENTE. 1. A declaração de nulidade processual somente poderá ser feita, se houver demonstração de efetivo prejuízo à parte, conforme precedentes desta Corte. 2. A ausência de juntada dos documentos requeridos pela defesa não constituem elemento essencial do ato, tendo sido referida carência suprida por outros meios de prova colhidos no decorrer da instrução e apreciados em plenário. 3. Após a prolação de decisão de pronúncia, quedou-se inerte a defesa, não se insurgindo diante da suposta ausência da documentação que comprovaria a inocência do réu, descumprindo os prazos determinados no art. 571 do Código de Processo Penal, operando-se o instituto da preclusão. 4. Ação revisional conhecida e julgada improcedente.
Vistos, relatados e discutidos os presentes autos, ACORDA o Egrégio Tribunal de Justiça (CÂMARAS CRIMINAIS REUNIDAS ) em, à unanimidade, julgar improcedente A AÇÃO revisional, nos termos do voto do eminente Desembargador Relator.
Vitória, .
PRESIDENTE
RELATOR(A)
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