Questão jurídica principal
Whether the enforcement of substitute imprisonment was already time-barred when the Federal Supreme Court heard the case
Decisão extraída
The Court held that a live legal interest remained because the complaint had suspensive effect during the Federal Supreme Court proceedings, so limitation did not continue to run in that period.
Fundamentação extraída
Offence enforcement limitation must be examined ex officio, but under the suspensive effect of a criminal complaint against an unconditional custodial sentence, enforceability is stayed and the limitation period is likewise suspended.