Acórdão do Tribunal de Justiça do Estado do Espírito Santo - TRIBUNAL PLENO (Processo 0001026-18.2017.8.08.0041), 10/08/2023
Número do processo | 0001026-18.2017.8.08.0041 |
Data | 10 Agosto 2023 |
Data de publicação | 23 Agosto 2023 |
Classe processual | Agravo Interno Criminal RE ED Ap |
Órgão | Tribunal Pleno |
Tribunal de Origem | PRESIDENTE KENNEDY - VARA ÚNICA |
EMENTA: AGRAVO INTERNO. DECISÃO MONOCRÁTICA. NEGATIVA DE SEGUIMENTO A RECURSO EXTRAORDINÁRIO. ART. 1.030, I, A do CPC. SUBSUNÇÃO AO TEMA 339 DO STF. RECURSO CONHECIDO E DESPROVIDO.
1. O agravo interno traduz mecanismo processual hábil a demonstrar que as circunstâncias fáticas do caso concreto em análise são diversas daquelas consideradas no julgado paradigma, afastando-se, portanto, da sistemática da repercussão geral.
2. Estando devidamente motivado o acórdão proferido em apelação, há de ser mantida a decisão que, em juízo de admissibilidade, nega seguimento a recurso extraordinário, por entender pela subsunção da hipótese em debate ao decidido pelo Supremo Tribunal Federal no AI 791.292 (Tema 339), não logrando êxito a parte agravante em demonstrar o contrário.
3. Recurso conhecido e desprovido.
ACORDA o Egrégio Tribunal Pleno, em conformidade da ata e notas taquigráficas da sessão, que integram este julgado, à unanimidade, conhecer do recurso e a ele negar provimento.
Vitória-ES., de de 2023.
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