Unofficial summary in English. The judgment is published in Portuguese only, and only the Portuguese text is authentic.
The appellant brought an extraordinary appeal on grounds of unconstitutionality against a judgment of the Criminal Chamber of the Supreme Court that declined to hear his habeas corpus application because the case was before the military courts, alleging breaches of the rights to habeas corpus, defence and a fair trial. The Court dismissed the appeal because a declaration of lack of subject-matter jurisdiction does not in itself breach the Constitution, the Supreme Military Court being competent.
Decision
Appeal dismissed
Type of proceedings
Extraordinary appeal on grounds of unconstitutionality (Recurso Extraordinário de Inconstitucionalidade)
Full text
The judgment is published in Portuguese only, and only the Portuguese text is authentic. Read the judgment in Portuguese or download the official PDF.