Unofficial summary in English. The judgment is published in Portuguese only, and only the Portuguese text is authentic.
The appellants brought an extraordinary appeal on grounds of unconstitutionality against a Supreme Court judgment upholding an order that they repay capital received under a loan contract declared void for defect of form, alleging breaches of legality, fair trial, the adversarial principle and effective judicial protection. The Court dismissed the appeal because restitution of what was received is the legal consequence of nullity under Article 289 of the Civil Code.
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.