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 9). The Portuguese page shows an unofficial transcription.
The appellant, given a suspended sentence for bodily harm and damage, was detained after the first-instance court rejected his appeal without notifying him, and appealed against the Supreme Court judgment refusing him habeas corpus. The Court held that full defence, the right of appeal, the adversarial principle and fair trial had been breached and the detention was unlawful, and concluded that the judgment under appeal was null and had to be reformulated by the Supreme Court.
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 or download the official PDF.