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This article aims at proving that the dismissal, terminative interlocutory decision rendered in the first phase of the rite of the jury, which departs on an interim basis the competence of the Council of Judgment for trial of criminal case, presents contradictions to constitutional order that ensures maximum effectiveness of fundamental rights. The study demonstrates that the decision violates the principles of guarantee of the individual in criminal proceedings, as the state of innocence, the sealing of 'bis in idem', sealing of judgment in expired term, besides violating the legal security of res judicata. Finally, it shows the need for recognition of its unconstitutionality presenting a more adequate legal remedy in the event of doubt on the recognition phase of accusationis judicium. [ABSTRACT FROM AUTHOR]