Unofficial summary in English. The judgment is published in Portuguese only, and only the Portuguese text is authentic.
The appellant, convicted of homicide in absentia, was arrested under a warrant although a co-defendant had lodged an appeal with suspensive effect, and the Supreme Court refused his habeas corpus application. The Court allowed the appeal because the conviction had not become final and the co-defendant's appeal also benefited the appellant, so that his detention breached the right to physical liberty and the principle of equality, and it remitted the case to the Supreme Court.
Decision
Appeal allowed
Type of proceedings
Extraordinary appeal on grounds of unconstitutionality (habeas corpus) (Recurso Extraordinário de Inconstitucionalidade (Habeas Corpus))
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.