Unofficial summary in English. The judgment is published in Portuguese only, and only the Portuguese text is authentic.
The appellant, convicted of raping a child, brought an extraordinary appeal on grounds of unconstitutionality against a judgment of the Criminal Chamber of the Supreme Court which, after annulling the first-instance decision for lack of reasons, retried the case, invoking the lawful judge, the prohibition of reformatio in pejus and a fair trial. The Court dismissed the appeal because the law then in force let the Supreme Court rule on fact and law, and the Public Prosecution Service had appealed.
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.