Fase recursal
Autor | Octahydes Ballan Junior |
Ocupação do Autor | Promotor de Justiça no Estado do Tocantins. Coordenador do Centro de Apoio Operacional Criminal (2012/2014). Bacharel em Direito pela Faculdade de Direito de Franca |
Páginas | 270-271 |
Page 270
As manifestações das partes no processo não são meras opiniões, a serem ou não acatadas pelo julgador. Mais que isso, são pretensões por elas expostas e que, se não forem acolhidas, devem ensejar a interposição de recurso adequado, ressalvado o caso de se convencer a parte do acerto da decisão proferida.
Page 271
Não devem o Ministério Público e o réu, principalmente por meio de seu defensor, acatar passivamente as decisões que desacolherem seus pleitos sem suficiente e convincente fundamentação.
Chega-se, então, a outro momento fundamental da marcha processual, a fase recursal, quando as partes devem, de maneira respeitosa, porém firme, discutir o (des)acerto da decisão proferida.
Aqui, além de poderem influenciar no convencimento dos julgadores que compõem o órgão colegiado (Tribunal ou Turma Recursal), incumbindo-lhes, novamente, a exploração e confrontação das provas colhidas ao longo da instrução, desenvolvimento das teses jurídicas apropriadas e aprofundamento na análise do fato, devem as partes combater, de maneira direta, a decisão objeto do recurso.
A tarefa é um pouco mais árdua, porque além da análise processual, probatória e...
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