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 8). The Portuguese page shows an unofficial transcription.
A citizen sentenced to 10 years for domestic theft appealed against the Supreme Court judgment upholding his conviction, alleging wrong legal classification, amnesty and decriminalisation under the new Penal Code. The Court held that the classification was not reviewable and the offence was not amnestied, leaving the more favourable law to the ordinary courts, but found that the Supreme Court had breached the principle of legality by not applying the one-quarter remission of sentence under the Amnesty Law.
Decision
Appeal partly 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.