Habeas Corpus Nº 96.609/sp

Prisão preventiva. Tentativa de homicídio qualificado. Réu que deixou de comparecer à sessão do júri. Justificativa apresentada muito tempo depois. Ausência de motivação concreta. Mandado de segregação ainda não cumprido. Paciente foragido. Necessidade de assegurar-se a aplicação da lei penal. Condições pessoais favoráveis. Irrelevância. Presença de outros elementos determinantes da manutenção da medida extrema. Imprescindibilidade da segregação demonstrada. Constrangimento ilegal ausente.

Rel. Min. Jorge Mussi

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Jurisprudência STF/STJ

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