Código de Processo Penal Comentado | Flavio Meirelles Medeiros

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Art. 258. The bodies of the Public Prosecutor’s Office will not function in  proceedings in which the judge or any of the parties is his or her spouse, or relative, by blood or affinity, in a direct or collateral line, up to and including the third degree, and extends to them, in the applicable to them, the prescriptions relating to the suspicion and impediments of judges.

suspicion of suspicion

Argument of suspicion:  If there is suspicion, the MP must declare it. If this is not done, it is up to the party to argue the suspicion and proceeds in accordance with  article 104 : “if the suspicion of the Public Prosecutor’s Office is alleged, the judge, after hearing it, will decide, without appeal, before admitting the production of evidence within three days  .

Impeachment and suspicion of judges:  See  Articles 252 , 253 and 254 .


Prosecutor who no longer exercised his functions :  The complaint filed by a prosecutor who no longer exercised his functions in the Court is void (RJTJRS 84/28).


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