Unofficial summary in English. The judgment is published in Portuguese only, and only the Portuguese text is authentic.
The appellants, a married couple, lodged an extraordinary appeal on grounds of unconstitutionality against a Supreme Court judgment recognising the plaintiff's ownership of a property and ordering its return, arguing that the property had been confiscated under Law No. 43/76 and invoking the principles of legality and irreversibility of nationalisations and confiscations. The Court dismissed the appeal because the conditions for confiscation, namely unjustified absence for more than 45 days and abandonment of the property, had not been proved.
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.