Questão jurídica principal
Whether revision under Art. 121 lit. c and d BGG was warranted because the Court allegedly failed to consider timely filed observations and made an incorrect factual finding.
Decisão extraída
The overlooked observations were indeed timely filed, but their content did not change the finding that the appeal had become moot after the respondent’s death.
Fundamentação extraída
A misapprehension of the file can justify revision if it concerns a relevant fact. Here, however, the omitted observations were not capable of leading to a different outcome, since the criminal proceedings had essentially been directed against the deceased respondent and the appeal centered on the defamatory character of the statements, not on other potential suspects.