Unofficial summary in English. The judgment is published in Portuguese only, and only the Portuguese text is authentic.
The appellant, who had acquired a commercial establishment that a court had ordered to be returned to the victim in proceedings for criminal breach of trust, later covered by an amnesty, challenged the judgment of the Plenary of the Supreme Court refusing to admit a proposed extraordinary cassation appeal, invoking access to justice and effective judicial protection. The Court dismissed the appeal because the amnesty does not extinguish civil liability and the appellant could assert his rights to the property and to compensation in the competent civil courts.
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.