Questão jurídica principal
Whether the subsidiary constitutional appeal was admissible alongside the criminal appeal
Decisão extraída
The subsidiary constitutional appeal was excluded because the matter fell within the scope of the ordinary criminal appeal, which also allows constitutional claims.
Fundamentação extraída
Federal law and constitutional rights may be invoked in a criminal appeal under Art. 95 let. a and Art. 78 para. 1 LTF; therefore Art. 113 LTF excludes the subsidiary constitutional appeal.