Supreme Court cannot review facts; only Tribunal de Instância has power of fact-finding under Art. 127 CPP.

The Supreme Court of Justice rejected the appeal, ruling that it lacks the authority to re-evaluate factual findings made by the Tribunal de Instância. The appellant argued for a review of the evidence assessment, but the court emphasized that the lower tribunal holds exclusive power of fact-finding under Article 127 of the Criminal Procedure Code. Consequently, the Supreme Court's intervention was deemed inadmissible as it would violate the principle of free evaluation of evidence and the separation of judicial functions.