Questão jurídica principal
Whether the materials invoked in support of revision were new and serious under Art. 397 CP
Decisão extraída
The Court held that the alleged fact was not new vis-à-vis the trial court, and even assuming the documents were new, they were not shown to be capable of changing the facts found.
Fundamentação extraída
For revision, novelty means the trial judge did not know the fact or evidence. The decisive question is whether the new material could materially affect the factual findings and lead to a more favorable outcome. That prerequisite was not met here.