Acórdão nº 039057 de Supremo Tribunal Administrativo (Portugal), 25 de Junho de 1987
Magistrado Responsável | MANSO PRETO |
Data da Resolução | 25 de Junho de 1987 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decis„o: PROVIDO.
¡rea Tem·tica: DIR PROC PENAL - RECURSOS.
LegislaÁ„o Nacional: L 82/77 DE 1977/12/06 ART40 C. L 4/83 DE 1983/04/02 ART3 N1. L 16/86 DE 1986/06/11 ART1 P. CPC67 ART115 ART116 ART500 ART666 N3 ART672. CPP29 ART1 PARUNICO ART98 N1.
Sum·rio : I - Tendo os juizes do 5 Juizo de InstruÁ„o Criminal e do 2 Juizo Criminal de Lisboa proferido despachos atribuindo-se reciprocamente a competencia para conhecer da causa, despachos transitados em julgado, n„o pode aquele 1 juiz, dando o dito por n„o dito, conhecer da mesma sem que tenha sido resolvido, pelos meios proprios, o suscitado conflito de competencia. II - O despacho de que provem os recursos violou os artigos 115, 116, 666 n. 3 e 672 do Codigo de Processo Civil aplicaveis por forÁa do artigo 1 paragrafo unico do Codigo de Processo Penal e, bem assim, o caso julgado sobre essa materia. III - Desta violaÁ„o devia a RelaÁ„o ter conhecimento ex officio e, porque o n„o fez, cabe ao Supremo...
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