Unofficial summary in English. The judgment is published in Portuguese only, and only the Portuguese text is authentic.
A citizen convicted of robbery combined with attempted homicide lodged an extraordinary appeal on grounds of unconstitutionality against a Supreme Court judgment, claiming his conduct had been decriminalised by the new Penal Code and invoking the principles of the democratic rule of law and legality. The Court dismissed the appeal, since the conduct remained punishable and the Supreme Court had applied the law then in force, but ordered the sentence to be adjusted to the more favourable regime of the new Penal Code.
Decision
Appeal dismissed; sentence to be adjusted
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.
