Unofficial summary in English. The judgment is published in Portuguese only, and only the Portuguese text is authentic.
A bank manager, sentenced by the Supreme Court to 10 years' imprisonment for continuous fraud, lodged an extraordinary appeal on grounds of unconstitutionality, invoking the privilege against self-incrimination, the presumption of innocence, the legality of criminal law and the right to a fair trial. The Court rejected some of the grounds but allowed the appeal and declared the judgment unconstitutional for breach of the in dubio pro reo principle and the presumption of innocence, remitting the case for revision.
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.