Questão jurídica principal
Whether the criminal appeal against the referral order was admissible under Art. 92 LTF as a separate decision on jurisdiction.
Decisão extraída
No. The referral order did not finally decide the trial court’s competence and could still be challenged before the trial court.
Fundamentação extraída
Art. 92 LTF requires a separate decision that definitively settles jurisdiction. A referral order merely seizes the trial court and does not finally determine its competence, especially where the accused may later seek severance or contest the jury court’s composition/competence at trial.