Unofficial summary in English. The judgment is published in Portuguese only, and only the Portuguese text is authentic.
The operative part of this judgment is handwritten in the official PDF (page 5). The Portuguese page shows an unofficial transcription.
The appellant, a serviceman convicted of violence against a subordinate resulting in a soldier's death, lodged an extraordinary appeal on grounds of unconstitutionality against a Supreme Military Court judgment upholding an 8-year sentence, invoking in dubio pro reo and a fair trial. The Court concluded that the judgment breached no constitutional principle, since this appeal does not reassess facts and evidence and the trial had been repeated twice, with the sentence reduced.
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.