Questão jurídica principal
Whether the public-law appeal was admissible to complain about insufficient reasoning on sentencing.
Decisão extraída
No. The complaint could have been raised by nullity appeal, so public-law appeal was excluded under the subsidiarity rule.
Fundamentação extraída
Art. 84(2) OG makes public-law appeal unavailable where another remedy exists. A nullity appeal was open for issues of sentencing and for the sufficiency of criminal judgments' reasoning; the appellant therefore could not use public-law appeal. Conversion was also refused because he was represented by counsel and had been expressly advised of the correct remedy.