Unofficial summary in English. The judgment is published in Portuguese only, and only the Portuguese text is authentic.
A citizen convicted of attempted homicide lodged an extraordinary appeal on grounds of unconstitutionality against a Supreme Court judgment that declared his appeal lapsed for lack of submissions and, on the Public Prosecution Service's appeal, increased his sentence from 9 to 13 years and raised the compensation. The Court allowed the appeal and declared the judgment unconstitutional, as his submissions had been filed in time, breaching the adversarial principle and fair trial; it rejected the alleged breach of the prohibition of reformatio in pejus.
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.