Acórdão nº 047399 de Supremo Tribunal de Justiça (Portugal), 21 de Dezembro de 1994 (caso NULL)
Magistrado Responsável | FERREIRA VIDIGAL |
Data da Resolução | 21 de Dezembro de 1994 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO.
Indicações Eventuais: A GONÇALVES IN CPP ANOTADO 6ED PAG611-612.
Área Temática: DIR CRIM. DIR PROC PENAL. DIR CONST - DIR FUND.
Legislação Nacional: CPP87 ART355 ART356 N1 ART374 ART379 ART433 ART653. CONST89 ART13 A ART32 N1. L 15/94 DE 1994/05/11 ART3 ART8 N1 D. DL 15/93 DE 1993/01/10 ART21 ART24 C.
Jurisprudência Nacional: AC STJ DE 1990/05/09 IN BMJ N397 PAG328. AC STJ PROC45477 DE 1993/11/16.
Sumário : I - O artigo 433 do C.P.P. de 1982 não é inconstitucional na medida em que não consagra um duplo grau de jurisdição. II - A Declaração Universal dos Direitos do Homem e a Convenção Europeia dos Direitos do Homem não consagram expressamente entre as garantias de defesa o duplo grau de jurisdição. III - O artigo 8 n. 3, alínea d) da Lei 15/94, de 11 de Maio, ao limitar o perdão aí referido às penas não superiores a 7 anos de prisão, não viola o princípio da igualdade perante a lei consagrado no artigo 13, alínea a), da C.R. que impõe que se trate igualmente o que for igual mas, obviamente, não é impeditivo que se tenha de tratar, como desigual, o que desigual for. IV - O narcotráfico é um crime de perigo presumido pelo que uma pena de 7 anos de prisão por tal crime sintomatiza uma gravidade e uma periculosidade muito mais altas do que as das penas...
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