Código de Processo Penal Comentado | Flavio Meirelles Medeiros

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Art. 255. The impediment or suspicion resulting from kinship by affinity will cease with the dissolution of the marriage that gave rise to it, except for descendants; but, even if the marriage without descendants is dissolved, the father-in-law, stepfather, brother-in-law, son-in-law or stepson of whoever is a party in the process will not act as judge.

dissolution of marriage

Dissolution of marriage and impediment:  The impediment and suspicion cease with the end of the marriage. Unless the marriage results in descendants. But, even if the marriage without descendants is dissolved, the father-in-law, stepfather, brother-in-law, son-in-law or stepson of whoever is a party to the process will not act as a judge. Doctrine, without reason in our view, demands that there be divorce.

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