Acórdão nº 97P1169 de Supremo Tribunal de Justiça (Portugal), 13 de Janeiro de 1998 (caso NULL)
Magistrado Responsável | LOPES ROCHA |
Data da Resolução | 13 de Janeiro de 1998 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR PROC PENAL - RECURSOS.
Legislação Nacional: CPP87 ART410 N2 A B C.
Jurisprudência Nacional: AC STJ PROC887/96 DE 1997/04/02. AC STJ PROC151/97 DE 1997/06/20. AC STJ PROC128/97 DE 1997/04/16. AC STJ PROC141/97 DE 1997/04/30. AC STJ PROC48260 DE 1995/11/08.
Sumário : I - A insuficiência da matéria de facto para a decisão não se confunde com a insuficiência da prova e só pode ter-se como evidente quando os factos provados forem insuficientes para justificar a decisão proferida ou, por outras palavras, não há insuficiência se os factos apurados preenchem, tanto na sua objectividade como na sua subjectividade, os crimes que se dão como verificados. II - A contradição insanável da fundamentação com virtualidade para determinar o reenvio do processo para novo julgamento, é somente aquela que impeça ou impossibilite a decisão da causa, sendo que as regras da experiência comum não podem ser invocadas para poder concluir-se por tal vício, que terá de resultar unicamente do próprio texto da decisão recorrida. III - O erro notório na apreciação da prova é aquele que, sendo de tal modo evidente, não passa...
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