Unofficial summary in English. The judgment is published in Portuguese only, and only the Portuguese text is authentic.
A pensioner lodged an extraordinary appeal on grounds of unconstitutionality against a judgment of the Supreme Court's Plenary and Appeals Court upholding the refusal to review the INSS Director's act reducing his pension, on the view that, after a hierarchical appeal, only the Ministry's act was challengeable. The Court allowed the appeal and declared the decision unconstitutional, since an optional hierarchical appeal does not bar judicial review of the Director's final act, breaching legality 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.