Unofficial summary in English. The judgment is published in Portuguese only, and only the Portuguese text is authentic.
A married couple lodged an extraordinary appeal on grounds of unconstitutionality against a Supreme Court judgment which, in a property dispute, recognised the plaintiff's ownership and ordered the property to be handed over, alleging that it had been confiscated and invoking the principles of legality and of the irreversibility of nationalisations and confiscations. The Court dismissed the appeal, as the appellants had not proved the conditions for confiscation, namely the owners' unjustified absence for over 45 days and abandonment of the property.
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.