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Appeal for harmonisation of case law

Judgment No. 844/2023

Appeal dismissed
Date
3 October 2023
Case
846-B/2020
Formation
Plenary
Rapporteur
Júlia de Fátima Leite Ferreira
Official PDF (Portuguese)Full text in PortugueseCite

Unofficial summary in English. The judgment is published in Portuguese only, and only the Portuguese text is authentic.

SummaryUnofficial

A citizen convicted by the Supreme Military Court applied for harmonisation of case law, alleging a conflict between Judgment No. 336/2014, delivered on his extraordinary appeal on grounds of unconstitutionality, and Judgment No. 464/2017, both of the Plenary of the Constitutional Court. The Court dismissed the appeal because the formal and substantive requirements for harmonisation were not met, stressing the importance of res judicata and legal certainty.

harmonisation of case lawres judicatalegal certaintyadmissibility requirements

Decision

Appeal dismissed

Type of proceedings

Appeal for harmonisation of case law (Recurso de Uniformização de Jurisprudência)

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.