Unofficial summary in English. The judgment is published in Portuguese only, and only the Portuguese text is authentic.
The appellant lodged an extraordinary appeal on grounds of unconstitutionality against a Supreme Court judgment declaring his civil appeal, in proceedings for recognition of a de facto union, lapsed for non-payment of the initial court-fee advance. The Court allowed the appeal and declared the judgment unconstitutional, holding that declaring the appeal lapsed under Article 292(1) of the Code of Civil Procedure breached the rights of access to justice, effective judicial protection and a 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.