Limits of the powers of the reviewing court in the appeal of sentence in the Code of Criminal Procedure

Abstract

One of the novelties that brings the Criminal Procedure Code of 2004 is the regulation of the procedural institution of the Impugnation recognized in the Fourth Book. In this book the general precepts of the impugnation are developed, the types of resources: the replacement, appeal, cassation and complaint -, the appeal of writs and sentences, the review action, among others.
Particularly, it draws my concern to analyze the novelties brought by the impugnation of the sentences, and their difference with the nullity remedy regulated for sentences of the ordinary procedure and the appeal for summary proceedings of the Code of Criminal Procedures.
Consequently on this point, I will make some judgments from the point of view of the jurisprudence issued by the Supreme Court of Justice of the Republic and the doctrine developed.