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 homicide, lodged an extraordinary appeal on grounds of unconstitutionality against an order of the Presiding Judge of the Benguela Court of Appeal refusing to admit his appeal in habeas corpus proceedings because the application had not been made within five days of arrest. The Court allowed the appeal, holding that habeas corpus is not subject to a time limit provided the detention is current and allegedly unlawful, and that the order breached the principle of legality.
Decision
Appeal allowed
Type of proceedings
Extraordinary appeal on grounds of unconstitutionality (habeas corpus) (Recurso Extraordinário de Inconstitucionalidade (Habeas Corpus))
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.