Unofficial summary in English. The judgment is published in Portuguese only, and only the Portuguese text is authentic.
Five citizens convicted at first instance of manslaughter lodged an extraordinary appeal on grounds of unconstitutionality against the Supreme Court judgment which, on the prosecution's appeal, reclassified the offence as aggravated homicide and increased the sentences. They invoked adversarial proceedings, the right of defence and fair trial. The Court partly allowed the appeal and declared the judgment null, because the defendants had not been notified of the admission of the prosecution's appeal, in breach of the adversarial principle and legality.
Decision
Appeal partly 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.