Questão jurídica principal
Whether the conviction violated the accusation principle because the charged facts did not match the facts actually seized.
Decisão extraída
Yes. The court held that the judgment could not rest on a factual basis different from the one described in the closing order/charge, and no formal expansion of the proceedings had occurred.
Fundamentação extraída
The indictment function of the charge defines the subject matter of the trial and protects the accused from surprise. Here, the closure order described the mother’s monthly support payments, whereas the record showed that only fictitious car operating costs were seized. Periodic third-party payments are not the same as car-related expenses, and an expansive interpretation could not cure the mismatch.