Unofficial summary in English. The judgment is published in Portuguese only, and only the Portuguese text is authentic.
AACA – Associação de Apoio à Criança Abandonada lodged an extraordinary appeal on grounds of unconstitutionality against a Supreme Court judgment terminating the proceedings because its appeal had lapsed for late payment of the initial court-fee advance. The Court allowed the appeal and remitted the case, holding that the lapse of an appeal for reasons of costs is an excessive and disproportionate sanction that breaches effective judicial protection and the right to a fair trial.
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.
