Acórdão nº 96P903 de Supremo Tribunal Administrativo (Portugal), 10 de Dezembro de 1996 (caso None)
Magistrado Responsável | SILVA PAIXÃO |
Data da Resolução | 10 de Dezembro de 1996 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR CRIM - CRIM C/PATRIMÓNIO. DIR PROC PENAL - RECURSOS.
Legislação Nacional: CP82 ART228 N1 A ART229. CP95 ART109 ART110 ART204 N2 F ART210 N1 N2 B ART255 A ART256 N1 A N3 ART275 N2. CPP87 ART374 N2 ART410 N2 B .
Jurisprudência Nacional: AC STJ DE 1990/03/01 IN BMJ N395 PAG205. AC STJ PROC43499 DE 1993/04/15. AC STJ DE 1993/04/29 IN CJSTJ ANOI T2 PAG212. AC STJ DE 1994/01/13 IN CJSTJ ANOII T1 PAG197. AC STJ PROC48253 DE 1996/02/22. AC STJ 270/96 DE 1996/05/09. AC STJ DE 1992/05/21 IN BMJ N417 PAG402. AC STJ PROC45615 DE 1993/12/07.
Sumário : I - O vício da contradição insanável da fundamentação verifica-se quando, segundo um raciocínio lógico, é de concluir que a fundamentação justifica precisamente a decisão contrária ou, quando, seguindo o mesmo raciocínio, se conclui que a decisão não fica suficientemente esclarecida, quer porque existe contradição entre os fundamentos e a decisão, quer porque se dá como provado e como não provado o mesmo facto. II - Essa contradição insanável de fundamentação só pode resultar do texto da decisão recorrida, sem possibilidade, portanto, de se recorrer a outros elementos...
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