Minister of the STJ sees denial of benefit and orders TJ-PR to analyze appeal

Understanding that the lack of a statement from the Court of Justice of Paraná constituted an undue denial of judicial provision, Minister Messod Azulay Neto, of the Superior Court of Justice, annulled a judgment and ordered the Court of Paraná to analyze the questions presented in the defense’s appeal in up to 30 days.

The defendant was taken to the jury for the alleged practice of qualified homicide. The lawyer Matheus Kehl de Bastos, contacted the TJ-PR, which did not even analyze the merits and was not aware of the appeal. According to the ruling, the defense only repeated the arguments from the closing arguments.

At the STJ, Azulay Neto highlighted that the TJ-PR should have debated the defense arguments, since “the appeal reasons are pertinent to the case and the contested decision”.

Without a statement from the State Court on the merits, the STJ was prevented from analyzing it — as this would be suppression of the instance. Therefore, the minister decided that, “in light of the principles of devolution and the double degree of jurisdiction”, the TJ-PR must examine the issue.

Click here to read the decision
HC 867,792