THE CORUMBIARA CASE

SUMMARIES
[police Investigation] - [accusation] - [preliminary defense] - [final alegations - accusation, defense] - [sentence of pronounce] - [resource in strict sense of accusation, of defense, sentence of trial of superior tribunal (acórdão) of the resource in strict sense] [lbill of indictment] - [request for change de jurisdction, sentence of trial of superior tribunal (acórdão) of the request for change jurisdction]

SENTENCE OF THE TRIAL OF THE SUPERIOR COURT (ACÓRDÃO) ON THE REQUEST FOR CHANGE OF JURISDICTION- [concepts] [full]

The defendants Cícero Pereira Leite Neto and Claudenir Gilberto Ramos presented the request for a change of jurisdiction. The reason for the case was founded on the risks to public order and the personal safety of the defendants and of their illustrious lawyers.
The Judge of Appeal - Relater, Mr. Dimas Ribeiro da Fonseca, wrote in his vote that the authorization stated in the art. 424 of Code of the Civil Process (CPP) are an exception. For this exception it is stated, as the authorizer motive for the transfer of the forum of trial among others, the interest of the public order. This public order that is sought to judge well is necessary, because it is only with safety and peacefulness that one can best reflect better to decide well.
It is for this reason that the Judiciary District of Colorado do Oeste, as well as its neighbors - Cerejeiras, Vilhena and Pimenta Bueno - were discarded because of the lack of enough structure for the maintenance of the public order, in the case of perturbation.
In consonance with the vote of the eminent Reporter, the Full Court, on October 25, 1999, emitted the following sentence:

“Qualified homicide and other related crimes. Judiciary District of Colorado do Oeste. Natural forum of the judgment. Request of change of jurisdiction to the capital of the State. Possible infringement to the public order.

The rule of the judgment of the crimes is, without doubt, the place of the infraction, except for the hypotheses mentioned in the article 424 of CPP, among which the preservation of the public order, as a necessary guarantee for an equilibrated and calm decision.
The Judiciary District of Colorado do Oeste, where the process is tried, as well as the neighboring districts do not possess the structure and means suitable to prevent incidents or infringement of the public order.
The request was seen and approved in order to transfer the judgment of all the defendants involved in the Process 01297-000329-5, to this Capital.”