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 intentional homicide with mitigation for provocation, lodged an extraordinary appeal on grounds of unconstitutionality against a Supreme Court judgment which, on the prosecution's mandatory appeal, increased his sentence to 18 years' imprisonment. He invoked a fair trial and the prohibition of reformatio in pejus. The Court dismissed the appeal, because the increase had a legal basis and the appeal had not been lodged solely in the defence's interest.
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.