Questão jurídica principal
Whether the challenge to the finding of full criminal responsibility and the refusal to order a psychiatric expert opinion was admissible in a constitutional complaint.
Decisão extraída
Those complaints concerned substantive criminal law and had to be raised by nullity appeal, not by constitutional complaint.
Fundamentação extraída
The distinction between fact and law meant that the petitioner's psychical state at the time of the offence was a factual question, while responsibility and the need for expertise were questions of substantive criminal law outside the scope of this remedy.