Acórdão do Tribunal de Justiça do Estado do Espírito Santo - CÂMARAS CRIMINAIS REUNIDAS (Processo 0026395-98.2021.8.08.0000), 14/03/2022
Número do processo | 0026395-98.2021.8.08.0000 |
Data | 14 Março 2022 |
Data de publicação | 21 Março 2022 |
Classe processual | Agravo Interno Criminal |
Órgão | Câmaras criminais reunidas |
Tribunal de Origem | TRIBUNAL DE JUSTIÇA DO ESPÍRITO SANTO |
EMENTA: AGRAVO REGIMENTAL NA REVISÃO CRIMINAL. PRETENSÃO DE REFORMA DA DECISÃO MONOCRÁTICA QUE NÃO CONHECEU DA AÇÃO REVISIONAL. REPETIÇÃO DE MATÉRIA JÁ ANALISADA NOS AUTOS. RECURSO CONHECIDO E IMPROVIDO. 1. A revisão criminal não se presta a revolver a matéria fática e a revisitar teses já apreciadas. A coisa julgada material somente é passível de desconstituição em situações excepcionalíssimas, quando a justiça da decisão deve prevalecer sobre a segurança jurídica. 2. Na espécie, o pedido revisional somente trata de insistir na argumentação declinada na ação penal: não traz elemento novo, não apresenta prova inédita e tampouco articula tese nova. 3. À míngua do preenchimento das condições de admissibilidade da revisão criminal, ao fugir das hipóteses de cabimento taxativas do artigo 621 do Código de Processo Penal, não é possível conhecer do pedido. 4. Recurso conhecido e improvido.
Vistos, relatados e discutidos os presentes autos, ACORDA o Egrégio Tribunal de Justiça (CÂMARAS CRIMINAIS REUNIDAS ), À UNANIMIDADE, NEGAR PROVIMENTO AO RECURSO, nos termos do voto do eminente Relator.
Vitória, .
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