Ministro Marco Aurélio suspende ação sobre prisão em 2ª instância
Advogados do Partido Ecológico Nacional pediram ao ministro Marco Aurélio Mello, do Supremo Tribunal Federal, acesso ao processo por cinco dias para tomar conhecimento do caso.
O ministro Marco Aurélio Mello em julgamento no plenário do STF ©Carlos Moura, STF |
O ministro Marco Aurélio Mello aceitou na noite desta terça-feira (10) pedido do Partido Ecológico Nacional (PEN) para suspender por cinco dias o andamento de uma ação que pode rediscutir, no Supremo Tribunal Federal (STF), a possibilidade de prisão após condenação em segunda instância.
Relator da ação, o ministro Marco Aurélio Mello disse que levaria o pedido de liminar para julgamento nesta quarta-feira (11) em plenário.
Mas a legenda decidiu trocar de advogados e pediu a suspensão temporária do caso.
Na decisão, Marco Aurélio afirma que o pedido de suspensão “revela-se medida adequada e razoável”.
Em petição protocolada à tarde, a legenda desconstituiu o advogado Antonio Carlos de Almeida Castro, o Kakay, como seu representante na ação no STF e apresentou novos defensores.
Mais tarde, os novos advogados do PEN protocolaram um novo documento no processo pedindo que a análise da liminar seja adiada em cinco dias, argumentando que precisam analisar melhor os documentos que fazem parte da ação.
“Os novos advogados constituídos não têm conhecimento da totalidade da ação nem da tramitação dos autos, tornando assim necessário tempo para que possam estudar o feito e analisar situações de questões de ordem, regimental e processuais”, disseram os advogados no documento.
O ministro também negou um pedido secundário feito pelo Instituto de Garantias Penais (IGP), também representado por Kakay. Nesse pedido, houve a reiteração do pedido de liminar feito pelo PEN contra a prisão após segunda instância.
Segundo Marco Aurélio, não cabe a um terceiro fazer um pedido para apreciar a liminar. O IGP é, como outras entidades, um “amicus curiae” (amigo da Corte) nessa ação. Segundo especialistas ouvidos pelo G1, essas entidades podem opinar no caso, mas não são autores, por isso, não podem fazer pedidos.
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