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Extraordinary appeal on grounds of unconstitutionality

Judgment No. 848/2023

Appeal dismissed
Date
4 October 2023
Case
1055-C/2023
Formation
Plenary
Rapporteur
Maria de Fátima de Lima d'Almeida Baptista da Silva
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

The company MERSACER, Lda. lodged an extraordinary appeal on grounds of unconstitutionality against an order of the President of the Benguela Court of Appeal rejecting its complaint against the non-admission of an appeal filed more than nine months after notice of the decision. It alleged improper service and invoked effective judicial protection, adversarial proceedings and a fair trial. The Court dismissed the appeal, since service had been regular and the appeal had been filed out of time.

effective judicial protectionservice of noticetime limit for appealadversarial principleright to a fair trial

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.