Unofficial summary in English. The judgment is published in Portuguese only, and only the Portuguese text is authentic.
The appellant, convicted at first instance of robbery, bodily harm and criminal damage, challenged the judgment of the Criminal Chamber of the Supreme Court that requalified the bodily harm as attempted homicide and increased his sentence from 9 to 12 years, invoking the adversarial principle, the right to a fair trial and the prohibition of reformatio in pejus. The Court dismissed the appeal because the Public Prosecution Service had also appealed and the statutory exceptions of legal requalification and of a prosecutor's opinion seeking a heavier sentence applied.
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.