Unofficial summary in English. The judgment is published in Portuguese only, and only the Portuguese text is authentic.
A citizen lodged an extraordinary appeal on grounds of unconstitutionality against a Supreme Court judgment refusing his habeas corpus application, arguing that his arrest outside flagrante delicto, ordered by the Public Prosecution Service, did not meet the legal requirements. The Court allowed the appeal, as the decision had not examined the conditions of Article 8(1) of the Law on Precautionary Measures in Criminal Proceedings, breaching the right to liberty and personal security (Articles 36 and 64 of the Constitution).
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.