Brazilian Code of Criminal Procedure: Appeals

Posted on Jan 22, 2025 in Law & Jurisprudence

Article 581: Decisions Subject to Appeal

An appeal, in the strict sense, may be filed against the following decisions, orders, or sentences:

  • I – That do not receive the complaint or the grievance;
  • II – That conclude for the incompetence of the court;
  • III – That uphold exceptions, except for suspicion;
  • IV – That pronounce the defendant;
  • V – That grant, deny, arbitrate, revoke, or deem bail unsuitable; refuse an application for probation; or revoke a decision to grant bail, jail, or release on own recognizance;
  • VII – That judge the bond broken or forfeit its value;
  • VIII – That decree a statute of limitations or otherwise deem the criminality extinguished;
  • IX – That refuse to recognize the statute of limitations or other extinctive cause of criminality;
  • X – That grant or deny a writ of habeas corpus;
  • XI – That grant, deny, or revoke probation;
  • XII – That grant, deny, or revoke parole;
  • XIII – That annul the process of criminal investigation, in whole or in part;
  • XIV – That include or exclude a person from the general list of jurors;
  • XV – That deny an appeal or dismiss it as deserted;
  • XVI – That order the suspension of the process due to a prejudicial question;
  • XVII – That decide on the unification of sentences;
  • XVIII – That decide on an incident of falsification;
  • XIX – That decree a security measure after the sentence has become final;
  • XX – That impose a security measure for the transgression of another;
  • XXI – That maintain or replace a security measure in the cases of Article 774;
  • XXII – That repeal a security measure;
  • XXIII – That fail to repeal a security measure when the law allows for revocation;
  • XXIV – That convert a custodial sentence into simple imprisonment.

Article 582: Appellate Court Jurisdiction

Appeals will always be to the appellate court, except in the cases of paragraphs V, X, and XIV.

Sole Paragraph: The appeal, in the case of paragraph XIV, will be to the President of the Court of Appeals.

Article 583: Filing of Appeals

Appeals will be filed in separate records:

  • I – When brought to office;
  • II – In the cases of Article 581, I, III, IV, VI, VIII, and X;
  • III – When the appeal does not affect the progress of the process.

Sole Paragraph: The appeal against a pronouncement will be filed in separate records when, with two or more defendants, any of them fail to comply with the decision or have not yet been summoned.

Article 584: Suspensive Effect of Appeals

Appeals will have a suspensive effect in cases of loss of bail, the granting of parole, and in cases XV, XVII, and XXIV of Article 581.

ยง 1. In an appeal against a sentence of dismissal or in the case of paragraph VIII of Article 581, the provisions of Articles 596 to 598 shall apply.

(Article 596. The appeal against an acquittal will not prevent the defendant from being immediately released.)

(Article 598. In crimes within the jurisdiction of the grand jury or a single judge, if the public prosecutor does not file an appeal within the statutory period, the victim or any of the persons listed in Article 31, even if they have not qualified as an assistant, may file an appeal, which will not, however, have a suspensive effect.)

Article 31: Right to Offer or Pursue a Complaint

In the case of the death of the victim, or when they are declared absent by court order, the right to offer a complaint or pursue it in the action will pass to the spouse, ascendant, descendant, or sibling.

Article 32: Appointment of a Lawyer in Private Actions

In crimes of private action, the judge, upon the request of the party who proves their poverty, will appoint a lawyer to promote the criminal action.

Article 33: Representation of Minors and Mentally Ill

If the victim is under 18 (eighteen) years of age, mentally ill, or mentally retarded, and has no legal representative, or if their interests conflict, the right of complaint may be exercised by a special guardian appointed ex officio or at the request of the public prosecutor, by the judge responsible for the prosecution.

Article 34: Victims Between 18 and 21 Years Old

If the victim is under 21 (twenty-one) and at least 18 (eighteen) years old, the right of complaint may be exercised by them or their legal representative.

Article 36: Multiple Persons Entitled to Complain

If more than one person is entitled to complain, preference will be given to the spouse, and then to the next of kin in the order listed in Article 31. However, any of them may continue the action if the plaintiff discontinues the proceedings or abandons them.

(Article 60. In cases where the action only proceeds through a complaint, the criminal action will be considered lapsed: II – when the plaintiff dies, or their incapacity supervenes, and no person who is entitled to do so appears in court to continue the process within 60 (sixty) days, except as provided in Article 36.)