Questão jurídica principal
Whether the public-law appeal against the refusal to substitute appointed counsel was admissible under Art. 87 OG.
Decisão extraída
The challenged decision was an incidental decision that did not concern jurisdiction or recusal and, as a rule, did not cause irreparable harm; the appeal was therefore inadmissible.
Fundamentação extraída
A refusal to replace appointed counsel does not end the criminal proceedings and falls outside Art. 87(1) OG. Unlike a refusal of legal aid, it normally does not create irreparable prejudice within Art. 87(2) OG, since a seriously failing ex officio lawyer must be replaced promptly.