Unofficial summary in English. The judgment is published in Portuguese only, and only the Portuguese text is authentic.
The appellants lodged an extraordinary appeal on grounds of unconstitutionality against the judgment of the Civil, Administrative, Tax and Customs Chamber of the Supreme Court fixing the period of a de facto union relevant to the division of the family home, alleging that one of the judges had previously acted as counsel for the opposing party. The Court allowed the appeal and declared the judgment unconstitutional for breach of the guarantee of impartiality and the right to 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.