Código de Processo Penal Comentado | Flavio Meirelles Medeiros

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Art. 75. The precedence of the distribution will determine the competence when, in the  same judicial district, there is more than one equally competent judge.
Single paragraph. The distribution carried out for the purpose of granting bail or decreeing preventive detention or any step taken prior to the denouncement or complaint will prevent criminal action.

Competence by distribution

Protection of the principle of the natural judge:  If there is more than one competent judge in the same judicial district, the cases must be distributed equally and by lot. Article  93, item XV of the CF , commands that it will be immediate and in all degrees of jurisdiction. If there is more than one, the judge is not designated, prefers or chooses. The distribution ensures the effectiveness of the constitutional principle of the natural judge ( items XXXVII  and  LIII of article 5 of  the CF ). 

Prevention through distribution:  Pursuant to the sole paragraph of this device, the distribution carried out for the purpose of granting bail or ordering preventive detention or any step taken prior to the denouncement or complaint will prevent criminal action. Previous steps can be the most diverse, including issuance of a search and seizure warrant, precautionary measures under  article 319 of the CPP , breach of telephone, tax, bank secrecy.

Creation of new branches and redistribution of processes:  The creation of new branches implies the need for processes to be redistributed. This redistribution, it has been understood, does not violate the principle of the natural judge.

Specialized courts and distribution:  Where there is only one jury court, investigations and cases relating to intentional crimes against life are not distributed. The same in districts where there are specialized courts for the prosecution and judgment of certain crimes, a possibility authorized by the  caput  of  article 74 of the CPP  (see the subheading  Laws of judicial organization and competence due to the nature of the infraction  in the title Laws of judicial organization, in comments to article 74). Thus, if in a given county there is only one court specializing in crimes against property, any inquiry sent by the police authority must be forwarded to it, regardless of distribution (it goes through the distributor, but not through the distribution process).

Connection or continence:  In addition to jurisdictional specialization, there are two other exceptions to distribution – connection and continence ( Article 76 of the CPP ). It may happen that a case comes to court from another jurisdiction, because another case with prevailing jurisdiction (with attractive force) is being processed in a certain court, based on connection or salute. In this case, the process, when entering the forum, must be forwarded directly to that court.

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