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.
The appellant, convicted of homicide, was arrested to serve his sentence before the eight-day time limit for an extraordinary appeal had expired and without his lawyer being notified of the Supreme Court judgment; the Supreme Court then refused his habeas corpus application. The Court declared that judgment unconstitutional for breach of legality, the rights to a full defence and to appeal, and the right to a fair trial, 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.