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 Supreme Court judgment refusing him habeas corpus, arguing that his ordinary appeal with suspensive effect prevented his return to prison. The Court held that suspensive effect only suspends the conviction, so the earlier detention remained, without breach of the Constitution; as the Supreme Court had meanwhile decided the main appeal, it dismissed the appeal and declared the proceedings closed because they had become devoid of purpose.
Decision
Appeal dismissed; proceedings closed as devoid of purpose
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.