Questão jurídica principal
Whether the criminal action for obtaining the ROD file was time-barred after the earlier partial annulment and remand.
Decisão extraída
No; prescription had stopped running on 2007-06-12 because the conviction for the ROD file was no longer in dispute after the partial Federal Supreme Court remand.
Fundamentação extraída
Under settled law, points of judgment not validly challenged no longer remain open after a partial annulment and remand; the new appeal cannot revive prescription on those settled points. Article 168(2) PPF does not alter the effects of a criminal appeal.