Questão jurídica principal
Whether the prosecutor had to be recused for alleged appearance of bias under Art. 56 CPP
Decisão extraída
No objective circumstances showed personal interest, animosity, or other grounds capable of creating an appearance of bias; the request was manifestly unfounded.
Fundamentação extraída
The prosecutor’s use of terms such as 'accused', 'dilatory', and 'abusive', and his refusal to suspend the investigation, reflected procedural firmness rather than partiality. A prosecutor may oppose motions and characterize them critically without becoming suspect of bias.