Acórdão nº 048366 de Supremo Tribunal de Justiça (Portugal), 18 de Outubro de 1995 (caso NULL)
| Magistrado Responsável | VAZ DOS SANTOS |
| Data da Resolução | 18 de Outubro de 1995 |
| Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO.
Indicações Eventuais: FIGUEIREDO DIAS IN DIR PROC PENAL VOLI PÁG437 E PÁG448.
Área Temática: DIR PROC PENAL - RECURSOS / DIR CONST / DIR FUND. DIR CRIM - TEORIA GERAL / CRIM C/PATRIMÓNIO.
Legislação Nacional: CPP87 ART61 N1 C ART341 N2 N3 ART343 ART410 N2 N3 ART426 ART433 ART436. L 29/78 DE 1978/06/14. DL 48/95 DE 1995/03/15. CP95 ART71 ART204 N1 C E N2 F ART210 N2 B. CONST89 ART32 N1.
Legislação Estrangeira: PT INTERNACIONAL SOBRE DIR CIV E POL ART14 N3 G.
Jurisprudência Nacional: AC STJ PROC47532 DE 1995/06/07.
Sumário : I - A norma do artigo 433 do C.P.P., que estabelece os poderes de cognição do S.T.J. nos recursos proferidos pelo tribunal colectivo, não viola as garantias de defesa consagradas no n. 1 do artigo 32 da Constituição da República. O citado artigo 433 não enferma de inconstitucionalidade material. II - O acórdão recorrido deu como provado que "o arguido recusou-se a prestar em julgamento...
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