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This Monday (27/3), in urgent provisional protection, the suspension of this obligation and requested priority in the judgment on the merits. The previous decision obliged the football regulatory body to: 1) present copies of all sponsorship contracts, 2) present minutes of collective bargaining with the union and 3) prove the payment of 10% of the value of the contracts, as use image, for professionals. The CBF representative in the case, Mauricio Corrêa da Veiga , stated that the entity chose to negotiate the transfers individually with each referee. The lawyer classified the first instance decision as “absurd”. "Minister Amaury Rodrigues' decision prevented the consolidation of an absurdity intended by the MPT, not only because of the values involved in the claim, but because of the conviction that imposes an obligation, which has no support in law, of collective negotiation of an image right that it is individual and very personal, as per the constitutional provision.
The CBF negotiated the contracts individually with the arbitrators", stated the lawyer.The provisions contained in article 226 of the Code of Criminal Procedure are not a mere legal recommendation, but rather a formality that must be observed, under penalty of nullification of the suspect's recognition. reproduction Reproduction Defendant recognized as victim in flawed procedure is acquitted by TJ-SP This was unders Special Phone Number Data tood by the 7th Criminal Law Group of the São Paulo Court of Justice when accepting a criminal review to acquit a man accused of stealing from a residence, who had been convicted based on recognition made by the victim and images from connected security cameras. to another theft crime. The man was accused of involvement in a robbery on February 17, 2016, along with three other suspects. According to the complaint, the group broke into a house and stole R$1,200 in cash, a cell phone, a lanyard and two perfumes, valued at R$1,400.
The criminals, who were armed, left the victim tied up and fled. In the first degree, the defendant was sentenced to nine years and two months for aggravated robbery. The sentence was reduced by the 4th Chamber of Criminal Law to seven years and four months, maintaining the initial closed regime. In a criminal review, the defense, sponsored by lawyers Nugri Campos and Ingryd Silvério , maintained the insufficiency of evidence. According to the defense, the defendant would have been convicted only by recognition based on photos published on social media, and the previous description given by the victim indicated that the criminal who tied him up would be a brown man of medium height, not black and fat, as is the accused. Furthermore, the lawyers maintained the nullity of the photographic recognition and in court for not respecting the procedure of article 226 of the CPP. Finally, they reinforced the alibi presented in court that the defendant was working on the day and time of the crime, which would not have been considered in the sentence.
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發表於 2024-2-19 15:07:50