Recurso Ordinario Em Habeas Corpus 109.070/df

Recurso ordinario em habeas corpus. Processual penal. Julgamento de apelacao por turma Julgadora composta por juizes convocados. Nulidade. Inexistencia. Ofensa ao principio do juiz natural. Inocorrencia. Precedentes. Esta Corte ja firmou entendimento no sentido da constitucionalidade da Lei Complementar 646/1990, do Estado de Sao Paulo, que disciplinou a convocacao de juizes de primeiro grau para substituicao de desembargadores do TJ/SP. Da mesma forma, nao viola o postulado constitucional do juiz natural o julgamento de apelacao por orgao composto por juizes convocados na forma de edital publicado na imprensa oficial. Recurso ao qual se nega provimento.

Rel. Min. Joaquim Barbosa

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Jurisprudência STF/STJ

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