Questão jurídica principal
Whether the trial court could suspend proceedings and remit the case to the prosecutor under Art. 329 para. 2 CPP for lack of essential evidence.
Decisão extraída
Yes. If the preliminary examination of the indictment reveals that an indispensable piece of evidence has not been taken, the court may suspend the proceedings and return the file to the prosecutor to complete the investigation.
Fundamentação extraída
Art. 329 CPP is not limited to formal defects. In light of the CPC system and the prosecutor's primary responsibility for gathering evidence, remittal is admissible when the absence of an essential proof makes a judgment on the merits impossible. The court must not use this mechanism as a substitute for ordinary proof-taking at trial, but it may do so for significant and necessary evidentiary gaps.