Author(s) Ana Teresa de Andrade Carneiro Dias da Silva Espírito Santo
Advisor(s) Mário João Ferreira Monte and Manuel José Carrilho de Simas Santos
Year 2011
Synopsis Although conflicting with the merit of the tried case, the extraordinary appeal for review, under the review of Law nº 48/2007, dated August 29th, is instrumental for material justice which entails to reduce judiciary error. The legal standards for this review, as an exception to the intangibility of a tried case, demonstrate that it is possible only under narrow and taxing pre-requisites. The main criteria for the review fall mostly on condemnatory sentences and pro societate review it’s only allowed in two instances. In the pro reo review, the occurrence of judiciary error has more severe effects, which pressingly justifies the constitutionally guarded exception of the ne bis in idem principle. Every exception discussed in art.º 449.º of the Código de Processo Penal, which could lay the ground for the review appeal, generate interpretative difficulties and call for further discussion. In addition, Law nº 48/2007, of August 29th, has introduced three new grounds for the review which have not been sufficiently developed in doctrine and raise issues regarding their validity, applicability and even constitutionality. Jurisprudence is aware of this and it shall also remain under scrutiny throughout this study. Given that the complexity of this review is most obvious in its applicability, the analysis of the grounds for appeal undertaken in this essay will keep within the letter of the law, the doctrinal considerations and the jurisprudence of the Supremo Tribunal de Justiça. The analysis undertaken will also keep within the judiciary reality, which is the standard extended to other aspects of the legal proceedings of reviews. Although this review may appear to be a simple theme, it becomes surprisingly complex in the context of juridical safety of a tried case and begs further attention beyond the boundaries of this study.
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Author(s) Ana Teresa de Andrade Carneiro Dias da Silva Espírito Santo
Advisor(s) Mário João Ferreira Monte and Manuel José Carrilho de Simas Santos
Year 2011
Synopsis Although conflicting with the merit of the tried case, the extraordinary appeal for review, under the review of Law nº 48/2007, dated August 29th, is instrumental for material justice which entails to reduce judiciary error. The legal standards for this review, as an exception to the intangibility of a tried case, demonstrate that it is possible only under narrow and taxing pre-requisites. The main criteria for the review fall mostly on condemnatory sentences and pro societate review it’s only allowed in two instances. In the pro reo review, the occurrence of judiciary error has more severe effects, which pressingly justifies the constitutionally guarded exception of the ne bis in idem principle. Every exception discussed in art.º 449.º of the Código de Processo Penal, which could lay the ground for the review appeal, generate interpretative difficulties and call for further discussion. In addition, Law nº 48/2007, of August 29th, has introduced three new grounds for the review which have not been sufficiently developed in doctrine and raise issues regarding their validity, applicability and even constitutionality. Jurisprudence is aware of this and it shall also remain under scrutiny throughout this study. Given that the complexity of this review is most obvious in its applicability, the analysis of the grounds for appeal undertaken in this essay will keep within the letter of the law, the doctrinal considerations and the jurisprudence of the Supremo Tribunal de Justiça. The analysis undertaken will also keep within the judiciary reality, which is the standard extended to other aspects of the legal proceedings of reviews. Although this review may appear to be a simple theme, it becomes surprisingly complex in the context of juridical safety of a tried case and begs further attention beyond the boundaries of this study.
See more here.