Unofficial summary in English. The judgment is published in Portuguese only, and only the Portuguese text is authentic.
The appellant, sentenced by the Supreme Court to 5 years' imprisonment for sexual abuse of a minor, lodged an extraordinary appeal on grounds of unconstitutionality invoking the principle of equality, by comparison with another case, the best interests of the child born as a result, and a request to withdraw the criminal complaint. The Court dismissed the appeal, since the situations compared were not analogous and the withdrawal was legally irrelevant given the constitutional protection owed to children.
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.