Unofficial summary in English. The judgment is published in Portuguese only, and only the Portuguese text is authentic.
A citizen convicted of aggravated theft lodged an extraordinary appeal on grounds of unconstitutionality against the Supreme Court judgment upholding his sentence, alleging lack of evidence and that the trial had proceeded with an ad hoc prosecution representative who was not a magistrate. The Court rejected the presumption-of-innocence claim but held that the decision breached the right to a fair trial, since an absent prosecutor must be replaced by a magistrate, and remitted 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.