Questão jurídica principal
Whether the constitutional complaint could challenge alleged misapplication of substantive federal criminal law through arbitrariness arguments
Decisão extraída
Those criticisms concerned application of federal criminal law and had to be raised by nullity appeal, so the constitutional complaint could not be entered on them.
Fundamentação extraída
The constitutional complaint is subsidiary; attacks on the material elements of intent and on the sufficiency of the damage allegation were not cognizable in this proceeding.