Unofficial summary in English. The judgment is published in Portuguese only, and only the Portuguese text is authentic.
The appellant, sentenced by the Supreme Court to four years' imprisonment for breach of trust committed between December 2014 and September 2015, lodged an extraordinary appeal on grounds of unconstitutionality, alleging failure to apply the 2016 Amnesty Law and the more favourable criminal law. The Court allowed the appeal and remitted the case, holding that the offence was covered by the amnesty and that, by merely reducing the sentence, the judgment breached legality 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.