Código de Processo Penal Art 641 a 659


Art. 641. The clerk, or the court clerk,
give the receipt of the petition separately and, maximum of five days in the case of an appeal
in the strict sense, or sixty days, in the in the event of an extraordinary appeal,
of the letter, duly checked and agreed. Art. 642. The clerk, or the court clerk,
who refuses to give the receipt, or fails to deliver, under any pretext, the instrument,
will be suspended for thirty days. The judge, or the president of the Court of Appeal,
in the face of representation from the witness, impose the penalty and have it extracted
the instrument, under the same sanction, substitute clerk or secretary
of the court. If the witness is not attended, he may
complain to the president of the ad whom court, which will file the case, for the purpose of the trial
appeal and imposition of the penalty. Art. 643. After the instrument has been extracted and assessed,
the provisions of arts. 588 to 592, in the case of appeal in the strict sense, or the process
established for the extraordinary appeal, if this is the case. Art. 644. The court, chamber or class to compete
the judgment of the letter, if it becomes aware of it, will have the appeal processed, or, if
sufficiently educated, will decide soon, of meritis. Art. 645. The testable letter process in the instance
superior will follow the process of the denied appeal. Art. 646. The testable letter will not have a suspensive effect. CHAPTER X OF HABEAS CORPUS AND ITS PROCESS Art. 647. Habeas corpus will be given whenever someone
suffer or find yourself on the verge of suffering violence or illegal coercion in your freedom
to come and go, except in cases of punishment disciplinary. Art. 648. Coercion will be considered illegal: I – when there is no just cause; II – when someone is imprisoned for more
time than the law determines; III – when whoever orders the coercion does not
has the competence to do so; IV – when the reason that authorized has ceased
coercion; V – when someone is not admitted to provide
bail, in cases where the law authorizes it; VI – when the process is manifestly
null; VII – when punishment is extinguished. Art. 649. The judge or court, within the limits of
its jurisdiction, it will immediately the order sought, in cases where it has
appropriate, whatever the co-authoring authority. Art. 650. It will be up to you, originally, to know the request
habeas corpus: I – the Supreme Federal Court, in the cases
provided for in Art. 101, I, g, of the Constitution; II – to the Courts of Appeal, whenever
acts of violence or coercion are attributed to the governors or interventions of the States
or Territories and the district mayor Federal, or their secretaries, or the chiefs
Police. § 1 The jurisdiction of the judge shall always cease
that violence or coercion comes from authority of equal or superior jurisdiction. Paragraph 2. habeas corpus against prison is not applicable
administrative, current or imminent, of those responsible for money or value belonging to the Farm
Public, achieved or omitted to do payment within the legal deadlines, unless
if the application is accompanied by proof of discharge or deposit of the verified range, or
if the prison exceeds the statutory term. Art. 651. The granting of habeas corpus will not,
nor end the process, provided that it does not conflict with the fundamentals
of that. Art. 652. If habeas corpus is granted by virtue of
of nullity of the process, it will be renewed. Art. 653. Ordered the release of the patient due to
habeas corpus, will be ordered to pay the costs the authority that, in bad faith or evident
abuse of power, has determined coercion. Single paragraph. In this case, it will be sent to the Ministry
Public copy of the parts needed to responsibility of the authority be promoted. Art. 654. The habeas corpus may be filed by
anyone, on your behalf or someone else’s, as well as by the Public Ministry. § 1 The habeas corpus petition shall contain: a) the name of the person who suffers or is threatened
suffering violence or coercion and who exercise violence, coercion or threat; b) the declaration of the type of constraint
or, in the event of a simple threat of duress, the reasons on which he bases his fear; c) the signature of the applicant, or someone
at your request, when you don’t know or can’t write, and the designation of the respective
residences. Paragraph 2. Judges and courts have jurisdiction
to formally issue an order of habeas corpus, when in the process course they verify that
someone suffers or is on the verge of suffering illegal coercion. Art. 655. The jailer or prison director, the clerk,
the bailiff or the judicial authority or police that embarrass or procrastinate
the dispatch of the habeas corpus order, the information about the cause of the arrest,
driving and presenting the patient, or his release, he will be fined the amount of
two hundred milreis to a tale of reis, without prejudice to the penalties incurred. Fines will be imposed by the court judge
to judge habeas corpus, except when dealing with judicial authority, in which case
the Federal Supreme Court or the Court of Appeal to impose the fines. Art. 656. Received the petition for habeas corpus, the judge,
if necessary, and the patient is arrested, order that this be presented to you immediately
on the day and time you designate. Single paragraph. In case of disobedience, it will be dispatched
arrest warrant against the detainer, who will be prosecuted under the law, and the judge
will arrange for the patient to be taken from prison and brought to trial. Art. 657. If the patient is arrested, no reason
will excuse your presentation, except: I – the patient’s serious illness; Il – not being in the person’s custody
to whom the detention is attributed; III – if the attendance has not been
determined by the judge or court. Single paragraph. The judge may go to the place where the patient
meet, if it cannot be presented due to illness. Art. 658. The holder will declare to the order of whom the patient
is stuck. Art. 659. If the judge or court finds that
the violence or illegal coercion has ceased, prejudiced the request.

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