Unofficial summary in English. The judgment is published in Portuguese only, and only the Portuguese text is authentic.
The appellant, sentenced at first instance to eight years' imprisonment, lodged an extraordinary appeal on grounds of unconstitutionality against a Supreme Court judgment declaring his appeal lapsed for failure to file written submissions, invoking effective judicial protection and the right of appeal. The Court allowed the appeal, holding that declaring a criminal appeal lapsed for lack of submissions infringes the right of appeal under Article 67 of the Constitution, and returned the case to the Supreme Court.
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 or download the official PDF.