Acórdão nº 047434 de Supremo Tribunal de Justiça (Portugal), 08 de Março de 1995 (caso NULL)
Data | 08 Março 1995 |
Órgão | http://vlex.com/desc1/1997_01,Supreme Court of Justice (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO. ALTERADA A DECISÃO. REJEITADO O RECURSO.
Área Temática: DIR CRIM - CRIM C/SOCIEDADE / CRIM C/PATRIMÓNIO. DIR PROC PENAL - RECURSOS.
Legislação Nacional: CPP87 ART363 F ART364 N1 ART410 N2 ART432 C ART433. CP82 ART72 ART73 ART78 ART228 ART229 ART287. CONST89 ART13 ART32 N1.
Jurisprudência Nacional: AC STJ DE 1990/05/09 IN BMJ N397 PAG332. AC STJ DE 1990/11/14 IN BMJ N401 PAG422. AC STJ DE 1991/01/16 IN BMJ N403 PAG238. AC STJ DE 1991/05/15 IN BMJ N407 PAG321. AC STJ DE 1993/05/26 IN CJSTJ ANOI TII PAG237. AC STJ DE 1993/01/27 IN DR IS-A DE 1993/03/10. AC STJ PROC45700 DE 1993/10/13. AC STJ PROC45194 DE 1993/12/15.
Sumário : I - O princípio geral da documentação das declarações orais não significa uma obrigação de registo de prova para efeito de recurso mas apenas um meio para o Tribunal Colectivo poder controlar a prova produzida em audiência. II - Nunca o S.T.J. pode servir-se do registo de prova que tenha sido feita. III - O S.T.J. não reexamina a matéria de facto decidida pelo Tribunal Colectivo; apenas pode detectar nela os vícios a que alude o artigo 410 n. 2 do C.P.P. a fim de que, em novo julgamento na 1. instância, os mesmos possam ser sanados. IV - O disposto nos artigos 363 e 364 do C.P.P. não prejudica o duplo grau de jurisdição em matéria de facto nem viola o disposto no artigo 32 n. 1 da C.R. V - O facto de o S.T.J. não conhecer matéria de facto assenta na superior garantia que o C.P.P. atribui à apreciação da prova feita pelo Tribunal Colectivo, mercê da sua estrutura colegial e da imediação da prova. VI - A C.R. não consagra expressamente o princípio do duplo grau de...
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