Questão jurídica principal
Whether the victim's joint appeal against the exemption from punishment was admissible under Art. 382(2) CCP.
Decisão extraída
The joint appeal was inadmissible because a private complainant may not appeal the question of the sentence, and the challenge to an exemption from punishment falls within that prohibition.
Fundamentação extraída
Art. 382(2) CCP excludes an appeal by the private complainant on the issue of punishment. The court held that this rule does not distinguish cases where the exemption from punishment is based on Art. 52 CC.