Questão jurídica principal
Whether the constitutional complaint was admissible as a separate remedy
Decisão extraída
Constitutional rights can be raised in an ordinary criminal appeal, so the subsidiary constitutional appeal was excluded and the case was treated as a criminal appeal.
Fundamentação extraída
Federal law includes constitutional rights under Art. 95 lit. a LTF; therefore Art. 113 LTF excludes the subsidiary constitutional appeal where a criminal appeal is available.