Processo Incidente Acessoriamente ao Processo Principal


QUESTÃO ERRADA: O processo incidente surge acessoriamente no processo principal, cujo mérito se confunde com o mérito da causa principal, devendo, assim, tal processo — o incidente — ser resolvido concomitantemente ao exame do mérito da ação penal, sob pena de decisões conflitantes.


As questões incidentes não se confundem com o mérito da causa e, em regra, devem ser decididas preliminarmente.


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