Unofficial summary in English. The judgment is published in Portuguese only, and only the Portuguese text is authentic.
A defendant detained since 2017, whose conviction was not yet final because the case awaited reconsideration by the Supreme Court after an earlier Constitutional Court decision, lodged an extraordinary appeal on grounds of unconstitutionality against the Supreme Court President's order refusing his habeas corpus application. The Court allowed the appeal and ordered his immediate release, as detaining him for fear of public disorder breached the presumption of innocence, proportionality, legality and a fair trial.
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.