Unofficial summary in English. The judgment is published in Portuguese only, and only the Portuguese text is authentic.
A citizen, a National Police officer at the time, sentenced by the Supreme Court to 14 years for intentional homicide with dolus eventualis, appealed arguing that the shot had been accidental and that, under the principle of legality, he should have been convicted of involuntary homicide. The Court dismissed the appeal, holding that the judgment was not unlawful and that the requested reclassification would require reassessing the facts, which falls outside its jurisdiction.
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.