Acórdão nº 9120105 de Court of Appeal of Porto (Portugal), 20 de Março de 1991
Magistrado Responsável | VAZ DOS SANTOS |
Data da Resolução | 20 de Março de 1991 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: PROVIDO. REVOGADA A DECISãO.
Área Temática: DIR TRIB - DIR CUSTAS JUD / APOIO JUD.
Legislação Nacional: CONST82 ART20. CCJ62 ART195 N1 A. CPP87 ART62 ART64 N1 B ART66 N5 ART374 N4. DL 387-B/87 DE 1987/12/29 ART15 N1 ART42 ART43 ART44 ART47. DL 391/88 DE 1988/10/26 ART11 ART12 ART14 ART21 N1. DL 212/89 DE 1989/06/30.
Jurisprudência Nacional: AC RP PROC0123829 DE 1990/05/16. AC RP PROC0310969 DE 1990/12/19.
Sumário: 1 - No ambito do processo penal, face a especificidade dos bens ou interesses juridicos em disputa e a obrigatoriedade da assistencia do defensor, que impõe a sua nomeação se não tiver sido constituido, recorta-se um regime especial de apoio judiciario oficioso que prescinde de previo requerimento do seu beneficiario ou da verificação da sua insuficiencia economica. 2 - Recaindo a nomeação, ou devendo recair, regra geral, em profissionais forenses ( advogados, advogados estagiarios e solicitadores ), havera que...
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