Unofficial summary in English. The judgment is published in Portuguese only, and only the Portuguese text is authentic.
The appellant, acquitted at first instance and later sentenced by the Supreme Court to 16 years' imprisonment, lodged an extraordinary appeal on grounds of unconstitutionality, invoking the adversarial principle, the prohibition of reformatio in pejus and the right to a fair trial. The Court partly allowed the appeal: it found no breach of reformatio in pejus, but held the adversarial principle breached because the appellant was not notified of the prosecution's opinion seeking a heavier sentence.
Decision
Appeal partly 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.