Unofficial summary in English. The judgment is published in Portuguese only, and only the Portuguese text is authentic.
The appellant, held in pre-trial detention on suspicion of criminal damage to a vessel, lodged an extraordinary appeal on grounds of unconstitutionality against the order of the President of the Supreme Court upholding the refusal of his habeas corpus application. The Court allowed the appeal, holding that the decision had misinterpreted the provisions of the Code of Criminal Procedure and disregarded the necessity, proportionality and subsidiarity of pre-trial detention, in breach of the principle of legality and the fundamental right to liberty.
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.