Acórdão nº 9050856 de Court of Appeal of Porto (Portugal), 27 de Fevereiro de 1991
| Magistrado Responsável | VAZ DOS SANTOS |
| Data da Resolução | 27 de Fevereiro de 1991 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: PROVIDO. REVOGADA A DECISãO.
Área Temática: DIR PROC PENAL. DIR CRIM - CRIM C/ESTADO.
Legislação Nacional: CP82 ART388 N1.
Jurisprudência Nacional: AC STJ DE 1988/03/16 IN BMJ N375 PAG216. AC RC DE 1984/03/28 IN CJ T2 ANOIX PAG70.
Sumário: 1. Circunscrevendo-se o recurso a materia de direito, não pode a Relação apreciar se houve ou não erro na apreciação da prova ou na fixação dos factos. 2. Vigorando no processo penal o principio da livre apreciação da prova e sua valoração segundo a livre convicção do juiz, que não e arbitraria mas antes objectivavel e motivavel, bem podera essa convicção formar-se na base do depoimento de uma unica...
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