Unofficial summary in English. The judgment is published in Portuguese only, and only the Portuguese text is authentic.
Two citizens, acquitted at first instance of domestic theft in June 2009, appealed against the Supreme Court judgment which, on the prosecution's appeal, sentenced them to 8 years for embezzlement, placing the facts between December 2008 and May 2009. The Court allowed the appeal and annulled the judgment for convicting them of facts outside the indictment and committal order, breaching the accusatory and adversarial principles, the presumption of innocence, defence rights and fair trial.
Decision
Appeal allowed
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.