Unofficial summary in English. The judgment is published in Portuguese only, and only the Portuguese text is authentic.
A citizen convicted in summary criminal proceedings of criminal damage through gross negligence following a road accident lodged an extraordinary appeal on grounds of unconstitutionality against a Supreme Court judgment that increased his liability to full reparation of the damage, although only the defence had appealed. The Court allowed the appeal, holding that the reparation ordered was criminal in nature and that increasing it breached the prohibition of reformatio in pejus enshrined in Article 67 of the Constitution.
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.