Unofficial summary in English. The judgment is published in Portuguese only, and only the Portuguese text is authentic.
The appellant lodged an extraordinary appeal on grounds of unconstitutionality against a Supreme Court judgment which, on an appeal brought by the defence alone, increased his sentence from eight to ten years' imprisonment following an opinion of the Public Prosecution Service that was not notified to him. The Court allowed the appeal and declared the judgment unconstitutional for breach of the principles of legality, full defence, adversarial proceedings and the prohibition of reformatio in pejus.
Decision
Appeal allowed; judgment under appeal declared unconstitutional
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.