Questão jurídica principal
Whether a public law appeal is admissible against an order appointing a psychiatric expert report in view of possible Art. 43 CP measures.
Decisão extraída
No; the challenge had to be brought, if at all, by cassation appeal under federal criminal procedure, not by public law appeal.
Fundamentação extraída
When federal criminal law requires an expert assessment for potential measures, objections to the order for expertise concern federal criminal law and fall within cassation review. The decision was merely incidental and concerned only evidence-taking, without finally deciding the merits.