Unofficial summary in English. The judgment is published in Portuguese only, and only the Portuguese text is authentic.
A citizen who had remained at liberty pending the Supreme Court's decision was detained to serve his sentence despite having lodged an extraordinary appeal on grounds of unconstitutionality, and appealed against the order of the President of the Supreme Court refusing him habeas corpus. The Court allowed the appeal, holding that, as that appeal had suspensive effect, the conviction was not final, so the detention was unlawful and breached legality and the right of appeal, and he should be released.
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.