Unofficial summary in English. The judgment is published in Portuguese only, and only the Portuguese text is authentic.
EXCELMED – Excelência em Medicina, S.A. lodged an extraordinary appeal on grounds of unconstitutionality against a Supreme Court Labour Chamber judgment declaring its appeal lapsed for non-payment of the initial court-fee advance. The Court allowed the appeal, holding that declaring an appeal lapsed for unpaid costs, which can be paid or collected at the end of the proceedings, breached access to law and effective judicial protection, the right to a fair trial and the right to two levels of jurisdiction.
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.