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 brought an extraordinary appeal on grounds of unconstitutionality against a Supreme Court judgment which, at the prosecution's request, increased his sentence from 6 to 12 years' imprisonment. The Court rejected the alleged breach of the prohibition of reformatio in pejus, as the appeal was not solely in the defendant's interest, but held that failure to notify him of the prosecution's opinion breached his rights of defence and to be heard, and remitted the case.
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.