Questão jurídica principal
Whether the refusal of court-appointed defense violated the right to legal aid under Art. 132 CPP and Art. 29(3) Constitution.
Decisão extraída
Yes. The case involved objectively and subjectively difficult issues, especially the legal basis for possible confiscation of vehicles and questions of temporal application of law, lex specialis, and lex mitior.
Fundamentação extraída
Although the facts were not complex and part of the case had already led to separate seizure litigation, the final confiscation question was legally delicate after the 1 January 2013 legislative change. A reasonable indigent defendant without legal training would need counsel.