Código de Processo Penal Comentado | Flavio Meirelles Medeiros

Article 99º CPP – The judge recognizing the suspicion.

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Art. 99. If the suspicion is recognized, the judge will stop the  proceedings, order the applicant’s petition with the supporting documents to be attached to the file, and by order will declare himself a suspect, ordering the transfer of the file to the substitute.

Judge who upholds the exception of suspicion

Recognition of suspicion: In view of the exception of suspicion or impediment, if the magistrate recognizes the origin of the reasons of the excipient, he will suspend the progress of the process, will determine the addition to the file of the petition of the refusing one with the documents that instruct it, and by reasoned decision will indicate the reasons why declares himself suspicious. Subsequently, he orders the submission of the records to the substitute judge pre-invested in that function. There is no appeal against this decision. If you have performed acts in the process, these must be declared null and void. Upon receipt of the records, the substitute judge, understanding that the basis for the declaration of suspicion is wrong, may raise a negative conflict of jurisdiction. On the infeasibility of an appeal against the decision that recognizes the suspicion, referral to the legal substitute, nullities and negative conflict of jurisdiction, see our comments to article 97 .

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