Questão jurídica principal
Whether the federal appeal was admissible despite the abusive and offensive language in the filing
Decisão extraída
The appeal was inadmissible because the filing remained clearly abusive and offensive, and the appellant had failed to cure it after being given the opportunity to do so.
Fundamentação extraída
Under Art. 110(4) CPP, a court may refuse to consider an abusive filing if it first gives the author a chance to correct it. That happened here. Accusing a magistrate of being a member of a criminal organization is manifestly offensive and abusive; therefore inadmissibility under Art. 108(1)(c) LTF was warranted.