Unofficial summary in English. The judgment is published in Portuguese only, and only the Portuguese text is authentic.
The appellant, a National Police officer sentenced to 18 years' imprisonment for homicide, lodged an extraordinary appeal on grounds of unconstitutionality against a Supreme Court judgment upholding his conviction, claiming he fired to repel a robbery, that forensic tests were inconclusive and witness accounts contradictory, in breach of the presumption of innocence, in dubio pro reo, legality and fair trial. The Court dismissed the appeal, holding that the decision rested on the evidence and that assessing evidence is a matter of ordinary law.
Decision
Appeal dismissed
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.