Acórdão nº 048244 de Supremo Tribunal de Justiça (Portugal), 18 de Outubro de 1995 (caso NULL)
Magistrado Responsável | LOPES ROCHA |
Data da Resolução | 18 de Outubro de 1995 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decis„o: NEGADO PROVIMENTO.
¡rea Tem·tica: DIR CRIM - TEORIA GERAL / CRIM C/SOCIEDADE. DIR CONST - DIR FUND.
LegislaÁ„o Nacional: DL 15/93 DE 1993/01/22 ART21 ART25 ART31. CP82 ART48 ART72 N1 ART260. CPP87 ART193 ART204 ART374 N2 ART402. L 27/92 DE 1992/08/31 ART3 N12 ART4. CONST76 ART140 ART143 N2.
LegislaÁ„o Estrangeira: CP848 ART74 ESPANHA.
JurisprudÍncia Nacional: AC STJ PROC47751 DE 1995/04/05. AC TC DE 1995/06/08 IN DR IIS N194 DE 1995/07/29.
Sum·rio : I - Segundo o princÌpio da adequaÁ„o e proporcionalidade consagrados no processo penal, a pris„o preventiva sÛ pode ser aplicada quando se revelarem inadequadas ou insuficientes as outras medidas de coacÁ„o. II - Segundo a jurisprudÍncia do Tribunal Constitucional, a autorizaÁ„o legislativa, para ser validamente utilizada tem de o ser...
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