Questão jurídica principal
Whether the federal criminal appeal must be entered into despite defective representation by a non-lawyer.
Decisão extraída
No. Because the filing was made by a non-lawyer representing a party in a criminal matter, the defect had to be cured within the set time limit; since it was not cured, the appeal was not entertained.
Fundamentação extraída
Under Art. 40(1) BGG, non-lawyers may not represent parties in criminal matters before the Federal Supreme Court. The court had already warned, pursuant to Art. 42(5) BGG, that the pleading would otherwise be disregarded. As the defect remained uncured, non-entry followed under Art. 108 BGG.