A recent change in the jurisprudence of the Federal Supreme Court (STF) states that ministers voting for the acquittal of defendants should also participate in the dosimetry of the penalty if the final decision is for the conviction. Professor of Criminal Law at FGV (Getúlio Vargas Foundation), Luísa Ferreira explained how this works.
Change originated in the Maluf case, when there was a specific discussion on the subject in the Supreme Court. The decision determined that all ministers must participate in, even those who initially voted for acquittal.
Debate on Participation
During the process of discussing this change, he defended the importance of the participation of all ministers in dosimetry. On the other hand, Luiz Fux, who had voted for acquittal in the Maluf case, expressed opposite understanding, arguing that ministers who chose for acquittal should not participate in the definition of the sentence.
The expert points out that although this was the understanding of the Supreme Court, because it is not a law, but an interpretation of the Court ,. However, maintaining the decision, all ministers will continue to participate in the definition of the penalties.
