Unofficial summary in English. The judgment is published in Portuguese only, and only the Portuguese text is authentic.
The appellant lodged an extraordinary appeal on grounds of unconstitutionality against a Supreme Court judgment which, on appeal, convicted him of fraud instead of the criminal breach of trust for which he had been convicted at first instance, alleging breach of criminal legality, the adversarial principle, the presumption of innocence, the prohibition of reformatio in pejus and the duty to state reasons. The Court dismissed the appeal, holding that reclassifying the same facts did not breach the adversarial principle and that the decision was properly reasoned.
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.