Unofficial summary in English. The judgment is published in Portuguese only, and only the Portuguese text is authentic.
The appellant, sentenced to 14 years' imprisonment for homicide, lodged an extraordinary appeal on grounds of unconstitutionality against a Supreme Court judgment that considered only the Public Prosecution Service's arguments, without examining the appeal and submissions she had filed. The Court allowed the appeal, holding that the failure to rule breached the principles of legality, effective judicial protection and adversarial proceedings, the right of appeal and the right to a fair trial, and remitted the case to the Supreme Court for a new decision.
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.