Acórdão nº 97P107 de Supremo Tribunal de Justiça (Portugal), 21 de Maio de 1997 (caso NULL)
Magistrado Responsável | AUGUSTO ALVES |
Data da Resolução | 21 de Maio de 1997 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO. PROVIDO PARCIAL.
Indicações Eventuais: NELSON HUNGRIA IN COMENTÁRIO AO CÓDIGO PENAL BRASILEIRO V PAG163. S SANTOS E L H E B PINHO CPP 2 VOL PAG475.
Área Temática: DIR PROC PENAL - RECURSOS. DIR CRIM - CRIM C/PESSOAS / CRIM C/SOCIEDADE.
Legislação Nacional: CP82 ART72 ART131 ART132 N1 N2 C F G ART133 ART260. DL 207-A/75 DE 1975/04/17 ART2 ART3 N1 F N2 B. CPP87 ART127 ART163 N1 N2 ART403 N1 B ART410 N2 N3 ART433 ART461 N1 N2. CP95 ART2 N4 ART275 N2 C. CCIV66 ART483.
Jurisprudência Nacional: AC STJ PROC41283 DE 1990/02/12. AC STJ PROC43042 DE 1992/11/19. AC STJ PROC45993 DE 1994/05/12. AC STJ DE 1992/10/14 IN BMJ N420 PAG412. AC STJ PROC46295 DE 1994/04/12. AC STJ PROC46926 DE 1994/09/15. AC STJ PROC42648 DE 1992/05/28. AC STJ PROC45670 DE 1993/11/03.
Sumário : I - O n. 2 do artigo 163 do CPP fica observado quando o tribunal fundamente a sua divergência dos juízos técnicos. II - A contradição insanável na fundamentação subsiste se de acordo com um raciocínio lógico se puder concluir que a fundamentação justifique uma decisão precisamente oposta ou ao menos se conclua que a decisão não fica esclarecida, dada a colisão entre os fundamentos invocados. III - O princípio in dubio pro reo não pode ser sindicado pelo STJ visto tratar-se de um princípio em íntima conexão com a prova e a matéria de facto, cujo conhecimento lhe está vedado nos termos do artigo 433 do CPP. IV - O recurso é manifestamente improcedente quando o recorrente pretenda tão só discutir o processo lógico usado pelo colectivo para formar a sua convicção. V - Motivo fútil é aquele que não tem relevo, que não chega a ser motivo, que não pode razoavelmente explicar e muito menos justificar a conduta do agente. VI - Motivo torpe é o motivo que mais vivamente ofende a moralidade...
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