Unofficial summary in English. The judgment is published in Portuguese only, and only the Portuguese text is authentic.
The appellant, convicted at first instance of involuntary homicide, challenged the Supreme Court judgment sentencing him to 8 years for intentional homicide, alleging reformatio in pejus and breaches of the accusatory and adversarial principles and defence rights. The Court found no breach of the accusatory principle but annulled the judgment, as the Supreme Court had neither decided the assistente's appeal nor notified it to the defendant, breaching the adversarial principle, the right of appeal and fair trial.
Decision
Appeal allowed
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.