Unofficial summary in English. The judgment is published in Portuguese only, and only the Portuguese text is authentic.
A citizen convicted of homicide lodged an extraordinary appeal on grounds of unconstitutionality against the Supreme Court Criminal Chamber judgment setting his sentence at 14 years' imprisonment, invoking breach of the adversarial principle, the right to a fair trial and the principle of legality. The Court dismissed the appeal, since the alleged nullity had not been raised in time and was cured, and the refusal to apply provocation as a mitigating factor resulted from the free assessment of evidence.
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.