Acórdão nº 9840738 de Court of Appeal of Porto (Portugal), 14 de Agosto de 1998
Magistrado Responsável | MOURA PEREIRA |
Data da Resolução | 14 de Agosto de 1998 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR PROC PENAL.
Legislação Nacional: CPP87 ART119 B ART194 N1 ART202 ART204 ART209 ART212 N4.
Jurisprudência Nacional: AC RE DE 1992/06/02 IN CJ T3 ANOXVII PAG354.
Sumário: I - Com a prolação de acórdão condenatório por tráfico de droga - na pena de 5 anos de prisão - é seguro que existem fortes indícios da prática do crime, sendo admissível a aplicação da prisão preventiva ao arguido que se encontrava em liberdade mediante termo de identidade, termo este que apenas fora imposto por existir um processo contra o arguido, não tendo tido em vista qualquer das exigências cautelares do artigo 204 do Código de Processo Penal. II - A eventual violação do contraditório ao determinar-se a medida de coacção sem ouvir o Ministério Público nem o arguido não integra a nulidade do artigo 119 alínea b) do Código de Processo Penal, mas apenas uma irregularidade logo sanada por não ter sido arguida no próprio acto da leitura do acórdão que ordenou a prisão preventiva. III - Havendo que atender, em matéria de medidas de coacção, a princípios como os da necessidade, da adequação e da proporcionalidade e...
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