Brazilian Criminal Procedure Code: Review of Final Judgments
Article 621: Acceptance of Review of Completed Cases
The review of completed cases will be accepted:
- I – When the sentence is contrary to the express text of the criminal law or the evidence in the file;
- II – When the sentence was based on interviews, examinations, or demonstrably false documents;
- III – When, after the verdict, new evidence of the convicted person’s innocence is found, or a circumstance that determines or authorizes a special reduction of the sentence is discovered.
Article 622: Timeframe for Requesting Review
The review may be requested at any time, either before or after the expiry of the sentence.
Sole Paragraph. It is not admissible to reiterate the request unless it is based on new evidence.
Article 623: Who Can Request a Review
The review may be requested by the defendant, a legally qualified solicitor, or, in the case of the defendant’s death, by a spouse, ascendant, descendant, or sibling.
Article 624: Processing and Adjudication of Reviews
Criminal reviews will be processed and adjudicated by:
- I – The Supreme Court, for convictions made by it;
- II – The Federal Court of Appeals, Justice Courts of Appeals, or, in other cases, by the appropriate court.
§ 1 In the Supreme Court and the Court of Appeals, the trial will follow the process established in their bylaws.
§ 2 In the Courts of Justice or of Appeals, the trial will be conducted by criminal groups or chambers, meeting in joint session when there is more than one, and otherwise, by the full court.
Article 625: Application Process
The application will be distributed to a rapporteur and a reviewer. A judge who has not delivered a decision at any stage of the process should serve as a rapporteur.
§ 1 The application shall be accompanied by a certificate of the sentence having become final and the parts needed for verification of the facts questioned.
§ 2 The rapporteur may determine which original files should be joined, if it does not hinder the normal execution of the sentence.
§ 3 If the rapporteur deems the request inadequately instructed and it is inconvenient to the interests of justice to attach the original files, they will reject it in limine, giving a resource for the chambers gathered or to the court, as the case may be (Article 624, sole paragraph).
§ 4 Upon filing of the appeal by petition and regardless of the term, the rapporteur shall submit the process table for trial and will report, without taking part in the discussion.
§ 5 If the application has not been rejected in limine, the records will be opened for examination by the Attorney General, who will appear within ten days. Then, the files will be examined, successively, within the same period, by the rapporteur and reviewer. The judge will request at the meeting that the president designate a date for trial.
Article 626: Upholding the Review
Upholding the review, the court may change the classification of the offense, acquit the accused, amend the penalty, or annul the process.
Sole Paragraph. In any case, the sentence imposed by the revised decision cannot be aggravated.
§ 1 For this compensation, which will be settled in civil court, the Union will be responsible if the conviction was rendered by the justice of the Federal District or Territory, or the State if it was by their justice.
§ 2 Compensation is not payable if:
a) The error or injustice of the sentencing proceeding is an act or failure attributable to the individual plaintiffs, such as a confession or concealment of evidence in their possession;
Article 631: Death During Review Process
When, in the course of the review, the person whose conviction has to be reviewed dies, the presiding judge will appoint a curator for the defense.