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Extraordinary appeal on grounds of unconstitutionality (habeas corpus)

Judgment No. 528/2019

Appeal dismissed (supervening mootness)
Date
23 January 2019
Case
677-A/2018
Formation
Plenary
Rapporteur
Maria Teresinha da Silva Lopes
Official PDF (Portuguese)Full text in PortugueseCite

Unofficial summary in English. The judgment is published in Portuguese only, and only the Portuguese text is authentic.

SummaryUnofficial

A citizen lodged an extraordinary appeal on grounds of unconstitutionality against a Supreme Court judgment refusing his habeas corpus application, alleging excessive pre-trial detention. The Court considered that the decision under appeal lacked adequate reasoning and reversed the burden of proof, but dismissed the appeal on grounds of supervening mootness, since the pre-trial detention had meanwhile been replaced by an identity and residence undertaking.

habeas corpuspre-trial detentionright to libertysupervening mootness

Decision

Appeal dismissed (supervening mootness)

Type of proceedings

Extraordinary appeal on grounds of unconstitutionality (habeas corpus) (Recurso Extraordinário de Inconstitucionalidade (Habeas Corpus))

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.