Unofficial summary in English. The judgment is published in Portuguese only, and only the Portuguese text is authentic.
Two co-defendants in a homicide case lodged an extraordinary appeal on grounds of unconstitutionality against a Supreme Court judgment that increased one defendant's sentence and convicted the other, acquitted at first instance, alleging breach of the prohibition of reformatio in pejus and of the adversarial and accusatorial principles. The Court dismissed the appeal, since the prosecution had also appealed and the procedural law then in force did not require notice of a new legal classification of the facts.
Decision
Appeal dismissed
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.