Unofficial summary in English. The judgment is published in Portuguese only, and only the Portuguese text is authentic.
The appellant, whose contract with the Armed Forces Social Security Fund had been terminated by its Director, challenged the ministerial act deciding his hierarchical appeal, but the Supreme Court held that the Minister of National Defence lacked standing to be sued. On an extraordinary appeal on grounds of unconstitutionality, the Court allowed the appeal, since an optional hierarchical appeal does not bar judicial review, the decision breaching legality, a fair trial and effective judicial protection, and returned the case.
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.