Brazil's institute of criminal revision: old and new relevant matters

Marcellus Polastri Lima, Mariana Soares de Rezende

Resumo


Abstract: This article analyzes a judicial impugnation on brazilian criminal law, called Criminal Revision (revisão criminal). After analyzing its nature, competence and legitimacy, matters in which remain already known lessons of legal doctrine - except when relating to the competence of sentences from the special criminal courts - the work begins to understand specific and still not consolidated aspects, as in the possibility of obtaining suspensory effects of a sentence.  Following that, the article reaches new matters that can raise questions, as is the case of Criminal Revision, with the emergence of a new precedent, since that was the source of law included by the new Civil Code. Finally, a situation that causes perplexity, created by Brazil’s Supreme Court, that began to admit provisional enforcement of sentences when offered excepcional appeal, which prevents that the defendant, while carrying out his sentence, of presenting Criminal Revision when new evidence is found.

Keywords: Criminal Revision; Suspensory Effects; Precedents; Brazil’s Supreme Court; Provisional Enforcement.


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Direitos autorais 2019 Revista de Direito Público Contemporâneo

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