Unofficial summary in English. The judgment is published in Portuguese only, and only the Portuguese text is authentic.
The appellants, sentenced by the Supreme Court to six and four years' imprisonment for embezzlement, alleged breaches of the adversarial principle, legality, equality and fair trial, as they had not been notified of the Public Prosecution Service's submissions seeking a heavier sentence. The Court allowed the appeal and declared the judgment unconstitutional because they were tried without respect for their rights to notification and a full defence, while rejecting the alleged breach of the privilege against self-incrimination.
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.