Acórdão nº 048633 de Supremo Tribunal de Justiça (Portugal), 20 de Março de 1996
Magistrado Responsável | LOPES ROCHA |
Data da Resolução | 20 de Março de 1996 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: PROVIDO PARCIAL. NEGADO PROVIMENTO.
Indicações Eventuais: LOURENÇO MARTINS IN DROGA E DIREITO PAGS 58 E SEGS 109 E 117.
Área Temática: DIR PROC PENAL - RECURSOS. DRI CRIM - CRIM C/SOCIEDADE / CRIM C/PESSOAS / TEORIA GERAL.
Legislação Nacional: DL 15/93 DE 1993/01/22 ART21 N1 ART24 C ART31 ART36 N2 ART48. CPP87 ART2 N4 ART118 ART119 ART120 ART121 ART122 ART123 ART124 N2 A C ART127 ART128 ART129 N1 ART355 ART356 ART374 ART410 N2 A C N3 N4. CP82 ART27 ART48 ART71 ART72 ART73 ART101 ART107. ART101 ART73. CONST89 ART13 ART29 N1 ART32. CP95 ART70 ART71 ART72.
Jurisprudência Nacional: AC STJ PROC45898 DE 1995/10/04. AC STJ PROC45529 DE 1995/10/18. AC STJ PROC46580 DE 1995/10/19. AC STJ PROC48260 DE 1995/11/08.
Sumário : I - O âmbito de um recurso é dado pelas conclusões extraídas pelos recorrentes das respectivas motivações. II - A "insuficiência da matéria de facto provada para a decisão" só existe quando resulte ostensivamente do texto da decisão, de tal modo que dela não possa partir-se para uma correcta e adequada subsunção lógico-formal - na norma ou normas incriminadoras. III - O vício do "erro notório na apreciação da prova" só pode proceder quando for de tal modo evidente que não passa despercebido ao comum dos observadores, ou seja, quando o homem médio facilmente dele se dá conta. IV - O S.T.J. não pode exercer censura sobre os raciocínios lógicos e a intuição dos julgadores no acto de avaliação do mérito da prova, no uso da sua faculdade de apreciação da mesma segundo as regras da experiência e...
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