CPP:
Art. 370. Nas intimações dos acusados, das testemunhas e demais pessoas que devam tomar conhecimento de qualquer ato, será observado, no que for aplicável, o disposto no Capítulo anterior.
§ 2o Caso não haja órgão de publicação dos atos judiciais na comarca, a intimação far-se-á diretamente pelo escrivão, por mandado, ou via postal com comprovante de recebimento, ou por qualquer outro meio idôneo.
§ 3o A intimação pessoal, feita pelo escrivão, dispensará a aplicação a que alude o § 1o.
§ 4o A intimação do Ministério Público e do defensor nomeado será pessoal.
CEBRASPE (2017):
QUESTÃO ERRADA: As intimações dos defensores públicos nomeados pelo juízo devem ser realizadas mediante publicação nos órgãos incumbidos da publicidade dos atos judiciais da comarca, e não os havendo, pelo escrivão, por mandado ou via postal.
Na verdade, a intimação do defensor público nomeado pelo juízo será pessoal.
FAURGS (2016):
QUESTÃO CERTA: Será pessoal a intimação do Ministério Público e do defensor nomeado.
FCC (2015):
QUESTÃO CERTA: A intimação do Ministério Público é sempre pessoal.
CORRETA – Fundamentação: Art. 370, § 4o A intimação do Ministério Público e do defensor nomeado será pessoal.
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