Unofficial summary in English. The judgment is published in Portuguese only, and only the Portuguese text is authentic.
Two defendants lodged an extraordinary appeal on grounds of unconstitutionality against a judgment of the Luanda Court of Appeal upholding the guarantees judge's refusal to open adversarial pre-trial investigation for non-payment of the court fee, although payment had been made and proven on the very day its refund was ordered. The Court allowed the appeal, since the sanction was disproportionate and breached access to the law and effective judicial protection and the rights to a full defence and adversarial proceedings.
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.