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 10 years' imprisonment lodged an extraordinary appeal on grounds of unconstitutionality against a Supreme Court judgment increasing the sentence to 16 years and 6 months following an opinion of the Public Prosecution Service of which he was not notified. The Court allowed the appeal and remitted the case for the opinion to be notified, because the lack of notification breached the principles of legality, adversarial proceedings, full defence and a fair trial.
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.