Unofficial summary in English. The judgment is published in Portuguese only, and only the Portuguese text is authentic.
A defendant in pre-trial detention lodged an extraordinary appeal on grounds of unconstitutionality against a Supreme Court judgment refusing his habeas corpus application, alleging arrest without a warrant outside flagrante delicto and late presentation to the Public Prosecution Service. The Court allowed the appeal, holding that the detention had become unlawful, as he had been held for six months without charge, beyond the four-month legal limit, an unconstitutional restriction of liberty, and that he must be released.
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.