Unofficial summary in English. The judgment is published in Portuguese only, and only the Portuguese text is authentic.
The appellant, convicted in criminal proceedings, lodged an extraordinary appeal on grounds of unconstitutionality against a Supreme Court Criminal Chamber judgment dismissing his ordinary appeal for insufficient grounds without examining the merits. The Court allowed the appeal and declared the judgment unconstitutional, since the formal rejection denied him the right of appeal, breaching effective judicial protection, a fair trial, due process and the presumption of innocence, and returned the case for examination of the merits.
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.