Unofficial summary in English. The judgment is published in Portuguese only, and only the Portuguese text is authentic.
The appellant, convicted at first instance of rape, an offence the Supreme Court requalified as sexual abuse of an unconscious person while keeping the 10-year sentence, lodged an extraordinary appeal on grounds of unconstitutionality, invoking legality, material truth, party disposition, in dubio pro reo and a fair trial. The Court dismissed the appeal, since it does not review the merits and the requalification resulted from applying the criminal law more favourable to the defendant.
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.