Unofficial summary in English. The judgment is published in Portuguese only, and only the Portuguese text is authentic.
The operative part of this judgment is handwritten in the official PDF (page 9). The Portuguese page shows an unofficial transcription.
A citizen convicted of vehicle theft and forgery lodged an extraordinary appeal on grounds of unconstitutionality against the Supreme Court judgment increasing his sentence from 12 to 16 years' imprisonment, alleging lack of reasoning and breach of the prohibition of reformatio in pejus. The Court held the judgment unconstitutional for increasing the sentence merely by reference to the first-instance decision, without its own reasoning, and ordered it to be reformed, rejecting the reformatio in pejus argument.
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.