Unofficial summary in English. The judgment is published in Portuguese only, and only the Portuguese text is authentic.
The appellant, sentenced to four years' imprisonment for unlawful deposit-taking, a decision upheld by the Supreme Court, alleged lack of evidence and that the facts were covered by Amnesty Law No. 11/16. The Court allowed the appeal because the Supreme Court had failed to apply the pardon under Article 2 of that law, which it had to consider of its own motion, breaching legality and fair trial, and remitted the case for the pardon to be applied.
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 or download the official PDF.