Art. 103. In the Federal Supreme Court and in the Courts of Appeal, the judge who considers himself a suspect must declare it in the records and, if he is a reviewer, pass the case on to his substitute in the order of precedence, or, if he is the rapporteur, present the records on table for further distribution.
§ 1 If he is not a rapporteur or reviewer, the judge who is to be considered a suspect must do so verbally, at the trial session, recording the statement in the minutes.
§ 2 If the president of the court is considered a suspect, it will be up to his substitute to designate a day for the trial and preside over it.
§ 3 The provisions of Articles 98 to 101 shall be observed, insofar as applicable, if the judge recognizes it, as established in this Article.
§ 4 The suspicion, not being recognized, will be judged by the full court, with the president acting as rapporteur.
§ 5 If the person refusing is the president of the court, the rapporteur will be the vice-president.
The procedure for the exception of suspicion in the Courts
Which Courts? Need for updated reading: The wording of the article is out of date. This means the Federal Supreme Court, Superior Court of Justice, Superior Military Court, Federal Regional Courts, Regional Electoral Courts and Courts of Justice.
Complementary rules of procedure: Article 103 of the CPP contains general rules on suspicion in the Courts. These norms are complemented by the Internal Regulations of the Courts. Suspicion and impediment are regulated in the IR of the STF in articles 277 to 287 and in the IR of the STJ, in articles 272 to 282 .
Abstention: The judge, member of the court, if applicable, must spontaneously recognize his suspicion, refraining from prosecuting and judging the case. Abstention must be motivated and with the indication of the relevant legal provisions, with a view to preserving the observance of the principle of the natural judge. Then, being a reviewer or a member (the 3rd Judge), he must forward the records to the substitute in order of precedence. If you are the rapporteur, the records must be redistributed. If it is the president of the court who is suspected, it will be up to his deputy to designate a day for the trial and preside over it. There is no appeal against abstention.
Procedure for the exception of suspicion: The exception must be opposed by written and substantiated petition, accompanied by documentary evidence or a list of witnesses. If the judge declares himself a suspect, he will issue an order in the case file, providing the measures indicated in the caput and paragraphs 1 and 2 of this provision (forwarding the case to the substitute, distribution). Failing to accept the suspicion, he will order the petition to be recorded separately, give his answer within three days, being able to instruct it and offer witnesses, and then forward it for distribution to the full court (or as determined by the Internal Regulations). The suspicion will be judged by the full court, with the president acting as rapporteur. If the refusal is the president of the court, the rapporteur will be the vice president.
