Unofficial summary in English. The judgment is published in Portuguese only, and only the Portuguese text is authentic.
A citizen sentenced at first instance to four months and twenty days' imprisonment for possessing a prohibited weapon lodged an extraordinary appeal on grounds of unconstitutionality against the Supreme Court judgment which reclassified the offence, convicting him of aggravated robbery, with eight years and six months' imprisonment. The Court allowed the appeal, holding that failure to notify him of the reclassification breached the adversarial principle, the right of defence, liberty and the presumption of innocence, and ordered his release.
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.