Superior Tribunal de Justiça annuls hearing due to judicial interference

The Superior Tribunal de Justiça (STJ) has annulled a hearing in a tax evasion case involving ICMS fraud committed between 2009 and 2013. The 6th Chamber of the STJ reached a decision in favor of the defendants following a 2-2 tie.

The ruling addresses concerns that the presiding judge violated the accusatory system by interfering in the instruction phase. Specifically, the judge was accused of conducting the interrogation with a bias toward conclusions, suggesting data, and leading witnesses, which may have compromised the integrity of the evidence.

While the Paraíba Court of Justice (TJ-PB) had previously upheld the seven-year prison sentences, arguing that no concrete prejudice to the defense was proven, the STJ divergence highlighted that the judge's proactive role in questioning and mentioning prosecution figures could constitute an undue influence on the formation of testimonial evidence.