Unofficial summary in English. The judgment is published in Portuguese only, and only the Portuguese text is authentic.
The appellant, a National Police officer convicted of intentional homicide after firing while chasing a robber, brought an extraordinary appeal on grounds of unconstitutionality against a judgment of the Criminal Chamber of the Supreme Court, invoking legality, the right of defence, a fair trial and proportionality. The Court allowed the appeal for breach of the right to a fair trial and of proportionality, given the circumstances, rejected the other claims 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.
