Decisão Monocrática N° 00265532720148070001 do Tribunal de Justiça do Distrito Federal e dos Territórios, 14-11-2022
Juiz | J.J. COSTA CARVALHO |
Número do processo | 00265532720148070001 |
Data | 14 Novembro 2022 |
Órgão | 1ª Turma Criminal |
Vistos etc. SIDNEI DO PRADO, JOÃO DE DEUS ALVES SENA, MATHEUS LEAL GONÇALVES e VALDECIR ANTÔNIO THOMES foram intimados para apresentar razões de apelação, nos termos do art. 600, parágrafo 4º, do CPP (ID 40251325). Quanto a SIDNEI DO PRADO, decorreu o prazo para a prática do ato judicial, sem ter havido qualquer manifestação (ID 40732269). O ilustre advogado Bruno Machado Kós renunciou aos poderes que lhe haviam sido outorgados por JOÃO DE DEUS ALVES SENA (IDs 40511433 e 29730707). O ilustre advogado Leônidas José da Silva, por sua vez, informou a impossibilidade de atuar em nome de MATHEUS LEAL GONÇALVES, considerando a revogação do mandato que lhe havia sido outorgado (IDs 40863839 e 40863840). Quanto a VALDECIR ANTÔNIO THOMES, foram apresentadas as razões recursais (ID 40886614). O art. 265 do CPP dispõe que ?o defensor não poderá abandonar o processo, senão por motivo imperioso, comunicando previamente o juiz, sob pena de multa de 10 (dez) a 100 (cem) salários-mínimos, sem prejuízo das demais sanções cabíveis?. Paralelamente, o art. 5º, § 3º, da Lei 8.906/94, prevê que ?o advogado que renunciar ao mandato continuará, durante dos dez dias seguintes à notificação da renúncia, a representar o mandante, salvo se for substituído antes do término desse prazo?. Por outro lado, o direito de defesa é assegurado na Constituição Federal (art. 5º, LV, da CF) e no Código de Processo Penal, de forma que ?Nenhum acusado, ainda que ausente ou foragido, será processado ou julgado sem defensor? (art. 261 do CPP). Ante o exposto, determino a intimação pessoal dos acusados SIDNEI DO PRADO, JOÃO DE DEUS ALVES SENA e...
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