Unofficial summary in English. The judgment is published in Portuguese only, and only the Portuguese text is authentic.
The appellant, convicted of homicide, lodged an extraordinary appeal on grounds of unconstitutionality against a Supreme Court judgment which, on an appeal also brought by the prosecution, increased his sentence to 24 years' imprisonment, invoking the presumption of innocence, in dubio pro reo and the prohibition of reformatio in pejus. The Court dismissed the appeal: the presumption of innocence was not breached, assessing evidence lay outside its jurisdiction, and the prosecution's appeal excluded reformatio in pejus.
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.