Acórdão nº 97P1462 de Supremo Tribunal Administrativo (Portugal), 11 de Fevereiro de 1998 (caso None)
Magistrado Responsável | MARTINS RAMIRES |
Data da Resolução | 11 de Fevereiro de 1998 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decis„o: REJEITADO O RECURSO.
¡rea Tem·tica: DIR PROC PENAL - RECURSOS.
LegislaÁ„o Nacional: CPP87 ART127 ART374 N2 ART410 N2 ART417 N2 C N4 A ART420 N1 N2 N4 ART433.
JurisprudÍncia Nacional: AC STJ PROC41091 DE 1990/09/19 IN AJ N11 PAG11. AC STJ DE 1991/10/16 IN BMJ N410 PAG610. AC STJ PROC42504 DE 1992/03/04. AC STJ PROC43014 DE 1992/07/09. AC STJ PROC43265 DE 1992/12/03. AC STJ PROC43303 DE 1993/03/11. AC STJ PROC44408 DE 1993/05/19. AC STJ PROC44877 DE 1994/01/05.
Sum·rio : I - A competÍncia do Supremo Tribunal de JustiÁa, no que concerne ao reexame da matÈria de facto, tem natureza excepcional (cfr. artigo 433 do CPP) e cinge-se ‡ apreciaÁ„o e declaraÁ„o da existÍncia de qualquer dos vÌcios enunciados no artigo 410, n. 2, do CPP. II - A insuficiÍncia para a decis„o da matÈria de facto provada consiste na formulaÁ„o incorrecta de um juÌzo: a conclus„o extravasa as premissas; a matÈria de facto È insuficiente para fundamentar a soluÁ„o de direito encontrada. III - Existe erro notÛrio na apreciaÁ„o da prova quando se d„o por provados factos que, face ‡s regras da experiÍncia comum e ‡ logica do homem mÈdio...
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