O Que É Questão Prejudicial?

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QUESTÃO PREJUDICIAL é a questão fática que originou uma relação jurídica de cuja decisão depende o julgamento do pedido como seu pressuposto lógico necessário e que poderia constituir, por si própria, objeto de uma ação autônoma. São exemplos de questão prejudicial: a dúvida sobre a existência ou validade do contrato, sobre o domínio da coisa em ação indenizatória, sobre a paternidade em ação de alimentos,e tc. Todas essas decisões tomadas pelo juiz incidentalmente no processo (incidenter tantum), vale dizer, como fundamento da sentença, estão fora dos limites objetivos da coisa julgada. 

Fonte: Costa Machado. CPC Interpretado.

Observações adicionais:

a) QUESTÃO PREJUDICIAL OBRIGATÓRIA: diz respeito ao ESTADO CIVIL das pessoas (art. 92);

b) QUESTÃO PREJUDICIAL FACULTATIVA (prejudicialidade facultativa): questão que não diga respeito ao estado civil (art. 93).

SUSPENDE?

a) QUESTÃO PREJUDICIAL OBRIGATÓRIASIM

a.1) Se o juiz entender que a questão não seja SÉRIA e FUNDADA: NÃO;

b) QUESTÃO PREJUDICIAL FACULTATIVA: PODE o Juiz suspender. 

RECURSO CABÍVEL:

a) QUESTÃO PREJUDICIAL OBRIGATÓRIA:

a.1) suspendeu: RESE (art. 581, XVI, CPP);

a.2) não suspendeu: irrecorrível, mas cabe HC ou Correição Parcial (doutrina);

b) QUESTÃO PREJUDICIAL FACULTATIVA:

b.1) a.1) suspendeu: RESE (art. 581, XVI, CPP);

b.2) não suspendeu: irrecorrível, mas cabe HC (doutrina).

VUNESP (2019):

QUESTÃO ERRADA: Sobre a questão prejudicial, é correto afirmar que: contra a decisão que reconhece a existência de questão prejudicial, suspendendo ou não o curso da ação penal, cabe recurso em sentido estrito.

Errado, pois apenas contra a decisão que suspende o curso da ação penal cabe RESE (art. 581, XVI). Contra decisão que denega a suspensão não cabe recurso (art. 93, §2º, CPP).

VUNESP (2019):

QUESTÃO CERTA: Sobre a questão prejudicial, é correto afirmar que: a suspensão do processo em decorrência de questão prejudicial é de exclusiva discricionariedade do magistrado, em juízo de prelibação, não cabendo recurso em sentido estrito em caso de denegação.

Correto, sendo que a decisão que denega a suspensão do processo é irrecorrível (artl. 93, §2º, CPP). Ainda que a questão prejudicial seja a denominada de obrigatória, ou seja, sobre o estado civil das pessoas, o juiz fará o juízo de prelibação acerca da existência de controvérsia séria e fundada no tocante ao assunto. É de exclusividade do magistrado tal aferição acerca da controvérsia.

VUNESP (2019):

QUESTÃO ERRADA: Sobre a questão prejudicial, é correto afirmar que: o curso da ação penal ficará suspenso até a sentença transitar em julgado no juízo cível, sem prejuízo de produção das provas de natureza urgente, cabendo contra essa decisão recurso em sentido estrito.

Errado, pois apenas nas questões prejudiciais obrigatórias que o prazo de suspensão do processo será até o trânsito em julgado da sentença cível (art. 92, caput). Nas questões prejudiciais facultativas, por sua vez, o prazo de suspensão ficará a cargo do juiz penal, o qual poderá ser razoavelmente prorrogado (art. 93, §1º, CPP).

O erro está no fato de que não necessariamente o feito será suspenso até o trânsito. Depende de qual tipo de questão prejudicial. Se estiver relacionada ao estado civil das pessoas, suspende até o trânsito. Nos demais casos, o juiz fixa o prazo.

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O examinador queria do candidato o conhecimento do art. 93, §1º, do CPP, que possibilita ao juiz “prosseguir o processo, retomando sua competência para resolver, de fato e de direito, toda a matéria da acusação ou da defesa. Penso que aqui é a hipótese da suspensão facultativa.

A questão foi silente no tocante em suas alternativas sobre a suspensão ser da espécie facultativa/relativa ou absoluta, dando a entender tratar do gênero.

Naquela (facultativa/relativa), rege o princípio da suficiência da ação penal (art. 93, §1º, in fine), o qual garante ao juízo criminal total condições de julgar questões prejudiciais não obrigatórias, diversas do estado civil das pessoas, caso não pretenda esperar o juízo cível prolatar decisão definitiva (não equivale ao trânsito em julgado, mas com decisão de mérito), ou haja expirado o prazo estipulado.

Destarte, não há obrigatoriedade em aguardar o trânsito em julgado do cível, ou mesmo suspender o processo, ficando, aí sim, ao critério do juízo criminal, motivo pelo qual a decisão denegatória de suspensão não comporta recurso.

VUNESP (2019):

QUESTÃO ERRADA: Sobre a questão prejudicial, é correto afirmar que: para a suspensão do curso da ação penal em decorrência de questão prejudicial, é imprescindível requerimento das partes, vedada decisão de ofício.

Errado, pois o juiz poderá decretar a suspensão do curso da ação penal ex officio, conforme art. 94 do CPP.

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  87. Howdy are using WordPress for your site platform? I’m new to the blog world but I’m trying to get started and create my own. Do you require any coding expertise to make your own blog? Any help would be really appreciated!

  88. I have really learned result-oriented things out of your blog post. Yet another thing to I have found is that typically, FSBO sellers will certainly reject people. Remember, they would prefer to not use your products and services. But if an individual maintain a gentle, professional connection, offering assistance and keeping contact for about four to five weeks, you will usually be able to win interviews. From there, a house listing follows. Many thanks

  89. One more thing. I do believe that there are a lot of travel insurance web pages of reputable companies that permit you to enter your trip details and find you the insurance quotes. You can also purchase your international holiday insurance policy on-line by using your current credit card. All you have to do will be to enter your own travel particulars and you can see the plans side-by-side. Merely find the plan that suits your capacity to pay and needs and use your bank credit card to buy the idea. Travel insurance on the web is a good way to begin looking for a reputable company with regard to international travel cover. Thanks for giving your ideas.

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  92. excellent post, very informative. I wonder why the other specialists of this sector do not notice this. You should continue your writing. I’m confident, you have a huge readers’ base already!

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  101. In my opinion that a foreclosures can have a important effect on the borrower’s life. House foreclosures can have a Several to 10 years negative influence on a applicant’s credit report. The borrower who have applied for home financing or virtually any loans for example, knows that the actual worse credit rating will be, the more tough it is to obtain a decent bank loan. In addition, it could possibly affect a borrower’s capability to find a really good place to lease or hire, if that will become the alternative housing solution. Good blog post.

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