Unofficial summary in English. The judgment is published in Portuguese only, and only the Portuguese text is authentic.
The appellant, sentenced at first instance to 25 years' imprisonment for aggravated homicide with an appeal pending, lodged an extraordinary appeal on grounds of unconstitutionality against an order of the President of the Supreme Court refusing his habeas corpus application, alleging excessive pre-trial detention after more than three years in custody. The Court allowed the appeal, finding breaches of legality, physical liberty, the prohibition of measures of unlimited duration and the presumption of innocence, and ordered his immediate release.
Decision
Appeal allowed; immediate release ordered
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 or download the official PDF.