Unofficial summary in English. The judgment is published in Portuguese only, and only the Portuguese text is authentic.
Four appellants, sentenced to three years' imprisonment for criminal damage and removal of boundary markers, lodged an extraordinary appeal on grounds of unconstitutionality against a Benguela Court of Appeal judgment upholding their conviction, invoking the Amnesty Law (Law No. 35/22) and the principles of legality, presumption of innocence and proportionality. The Court held that the amnesty did not apply because of the concurrence of offences, but allowed the appeal for breach of legality, as the general pardon of one quarter of the sentence had not been 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.