Art. 571. Nullities must be argued:
I – those of the criminal investigation of cases within the competence of the jury, within the deadlines referred to in article 406;
II – those of the criminal instruction of the processes of competence of the single judge and of the special processes, except those of Chapters V and Vll of Title II of Book II, in the deadlines referred to in article 500;
III – those of the summary procedure, within the period referred to in article 537, or, if verified after that period, immediately after the hearing has been opened and the parties have been proclaimed;
IV – those of the process regulated in Chapter VII of Title II of Book II, immediately after the hearing is opened;
V – those that occurred after the pronouncement, right after the judgment was announced and the parties proclaimed (article 447);
VI – those for criminal investigation of proceedings under the jurisdiction of the Federal Supreme Court and the Courts of Appeal, within the terms referred to in article 500;
VII – if verified after the decision of the first instance, in the reasons for the appeal or soon after the judgment of the appeal has been announced and the parties have been proclaimed;
VIII – those of the judgment in plenary, in hearing or in court session, soon after they occur.
Opportune moment for the argument of relative nullity
Remission: See title Appropriate moment to argue the relative nullity in comments to article 563.
Jurisprudence
Eventual nullities that occurred in the Jury’s Plenary, resulting from impediment or suspicion of jurors, must be argued at the appropriate time, under penalty of estoppel. Source: jurisprudence in theses (STJ).
Judgments:
HC 208900/SP, Rel. Minister Ribeiro Dantas, Fifth Panel, judged on 10/11/2016, DJE 11/08/2016
AgRg in REsp 1366851/MG, Rel. Minister Nefi Cordeiro, judged on 10/04/2016, DJE 10/17/2016
HC 342821/RO, Rel. Justice Felix Fischer, Fifth Panel, judged on 03/15/2016, DJE 04/01/2016
AgRg in REsp 1500980/RS, Rel. Minister Maria Thereza de Assis Moura, judged on 03/17/2015, DJE 03/24/2015
HC 139835/SP, Rel. Minister Campos Marques (Judge summoned from the TJ/PR), Fifth Panel, judged on 08/27/2013, DJE 09/02/2013
HC 167133/SC, Rel. Minister Jorge Mussi, Fifth Panel, judged on 09/27/2011, DJE 10/28/2011
Nullities existing in the pronunciation decision must be argued at the appropriate time and through the appropriate appeal, under penalty of estoppel. Source: jurisprudence in theses (STJ).
Judgments:
HC 374752/MT, Rel. Justice Reynaldo Soares da Fonseca, Fifth Panel, judged on 02/14/2017, DJE 02/17/2017
AgRg in REsp 1313912/BA, Rel. Minister Nefi Cordeiro, judged on 09/27/2016, DJE 10/10/2016
AgRg on RHC 065111/BA, Rel. Minister Sebastião Reis Júnior, judged on 04/19/2016, DJE 05/03/2016
HC 346587/SP, Rel. Minister Felix Fischer, Fifth Panel, judged on 04/12/2016, DJE 04/22/2016
RHC 058491/MG, Rel. Minister Leopoldo de Arruda Raposo (Judge summoned from the TJ/PE), Fifth Panel, judged on 09/15/2015, DJE 09/23/2015
HC 314492/RJ, Rel. Minister Jorge Mussi, Fifth Panel, judged on 05/12/2015, DJE 05/20/2015
Possible irregularities in the question must be raised after the questions have been read and the criteria explained by the presiding judge, under penalty of preclusion (article 571, item VIII, of the CPP). Source: jurisprudence in theses (STJ).
Judgments:
AgRg in AREsp 1027611/PI, Rel. Minister Reynaldo Soares da Fonseca, Fifth Panel, judged on 02/21/2017, DJE 02/24/2017
AgInt no REsp 1477914/MG, Rel. Minister Nefi Cordeiro, judged on 12/13/2016, DJE 12/19/2016
REsp 1589018/ES, Rel. Minister Sebastião Reis Júnior, judged on 11/10/2016, DJE 11/25/2016
HC 339030/PB, Rel. Minister Jorge Mussi, Fifth Panel, judged on 08/23/2016, DJE 08/31/2016
HC 217865/RJ, Rel. Minister Rogerio Schietti Cruz, judged on 05/17/2016, DJE 05/24/2016
AgRg in AREsp 665385/PR, Rel. Minister Maria Thereza de Assis Moura, judged on 04/07/2015, DJE 04/13/2015
