collateral appeal
[kəˈlætərəl əˈpiːl]
nounpl: collateral appeals
recurso colateral
1. A legal proceeding seeking to challenge a conviction or sentence through means other than direct appeal, typically used when direct appeals have been exhausted or are unavailable
The defendant filed a collateral appeal after his direct appeal was denied.
O réu apresentou um recurso colateral após a negação de seu recurso direto.
2. In US law, a post-conviction remedy such as a habeas corpus petition used to challenge the validity of a conviction on constitutional grounds
A collateral appeal on the grounds of ineffective assistance of counsel was filed.
Um recurso colateral foi apresentado baseado em defesa inadequada de um advogado.
Collateral appeals are a distinctly American legal concept that reflects the US justice system's emphasis on multiple layers of judicial review. In Brazil, similar remedies exist such as 'ação rescisória' and 'habeas corpus', but the procedure and terminology differ significantly. This term is primarily used in legal and judicial contexts and is not commonly used in everyday Brazilian Portuguese.
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