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Brazil's Supreme Court Rejects Three Review Bids From Jan. 8 Convicts

Ministers say criminal review is an exceptional remedy that requires new proof of judicial error.

Overview

  • The court has denied 3 of 11 post‑conviction review petitions tied to the January 8, 2023 cases, with 8 others awaiting a PGR opinion or a rapporteur’s decision.
  • Minister Dias Toffoli issued the latest rejection to Antônio Teodoro de Moraes, whose sentence was reduced from 14 years to about 12 years after earlier clarification motions.
  • Toffoli found the filing sought to reargue settled facts and legal theses without presenting new evidence or substantiated nullities.
  • Minister Cármen Lúcia turned down Miguel Fernando Ritter’s request while reaffirming the court’s established competence over January 8 proceedings regardless of privileged forum.
  • Minister Flávio Dino rejected Lucinei Tuzi Casagrande Hilebrand’s petition for failing to meet legal requirements or offer relevant new elements for review.