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10 2 R E s p e n 21.295 - S P . EXTRATO DA ATA 2 REspe n 21.295 - S P . Relator: Ministro Fernando Neves. Recorrente: Francisco Antônio Sardelli (Advs.: Drs. José Roberto Praça, Sérgio Mauro Grossi, Tomé Arantes Neto e outro). Recorrida: Procuradoria Regional Eleitoral de São Paulo. Decisão: O Tribunal, por unanimidade, conheceu do recurso e lhe negou provimento, nos termos do voto do relator. Presidência do Exmo. Sr. Ministro Sepúlveda Pertence. Presentes a Sra. Ministra Eilen Gracie, os Srs. Ministros Carlos Velloso, Barros Monteiro, Francisco Peçanha Martins, Fernando Neves, Luiz Carlos Madeira e o Dr. Roberto Monteiro Gurgel Santos, vice-procurador-geral eleitoral. SESSÃO DE 14.8.2003. faxb

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Sardelli v. Almeida

Judgment

Question Presented: Whether the President may file a criminal electoral complaint against a private citizen.

Alleged Acts: The President filed a private criminal action for slander, falsification of records, and use of a public document under the Electoral Code against two private citizens.

Procedural history: The case was originally rejected, but appealed to the Regional Electoral Court. In the appeal, the President sought to provide that private criminal action was within the scope of electoral justice. The private citizens, however, argued that the criminal action remedy through this provision was solely a public one because art. 356 of the Electoral Code request that every citizen know of the criminal offense and report it. The lower court understood that process was in the public interest and hence required a public criminal action.

Summary: The court stated that privacy criminal action itself was a instrument ripe for negligence within the electoral law. Thus, a prosecutor may file a complaint if it exercises due diligence and archiving the police investigation.

Conclusion: The court dismissed the private criminal complaint because under the electoral code the President may not file the complaint, it must be brought by a prosecutor with adequate investigation.

Legal Issue(s)

Abuse of State Resources (ASR)
Criminal Procedure
Electoral Integrity

Region: Americas

Country: Brazil

Language of Decision

Portuguese

Court: Electoral Court

Election Type: Review of law

Date of decision: Aug 14, 2003

Geolocation

Latitude: -15.80594156

Longitude: -47.91422783

: Geolocation

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RESPE - 21295 14.pdf
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Election Judgments - IFES

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Sardelli v. Almeida

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