Acórdão nº 9940664 de Court of Appeal of Porto (Portugal), 14 de Julho de 1999 (caso NULL)
| Magistrado Responsável | FERNANDO FROIS |
| Data da Resolução | 14 de Julho de 1999 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO. CONFIRMADA A SENTENÇA.
Área Temática: DIR CRIM - TEORIA GERAL. DIR PROC PENAL.
Legislação Nacional: CPP98 ART380 B. CPC95 ART662 N2 ART667. DL 15/93 DE 1993/01/22 ART36 N2 NA REDACÇÃO DA L 45/96 DE 1996/09/03.
Jurisprudência Nacional: AC STJ PROC838/96 DE 1996/10/16. AC STJ DE 1988/05/25 IN BMJ N377 PAG446. AC STJ DE 1989/01/13 IN BMJ N383 PAG462.
Sumário: I - Enquanto os erros materiais manifestos respeitam à expressão da vontade do julgador, dando origem à sua correcção ( artigos 662 n.2 e 667 ambos do Código de Processo Civil e 380 do Código de Processo Penal ), os erros de julgamento são os que podem ter influenciado a formação da vontade do julgador. II - Deve ser tratado como erro material manifesto a troca do nome dos arguidos, numa parte da fundamentação do acórdão, provocado pelo processador de texto, sendo que tal erro era...
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