Acórdão nº 047384 de Supremo Tribunal de Justiça (Portugal), 10 de Maio de 1995 (caso NULL)
Magistrado Responsável | TEIXEIRA DO CARMO |
Data da Resolução | 10 de Maio de 1995 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR PROC PENAL. DIR JUDIC - ORG COMP TRIB. DIR CRIM - CRIM C/PESSOAS / TEORIA GERAL. DIR CONST - DIR FUND.
Legislação Nacional: CPP87 ART127 ART402 N2 A ART410 N2 A B C N3 ART426 ART433 ART436. LOTJ87 ART29. CP82 ART66 N2 ART72 N1 ART160 N2 A G ART163 N1 N2. CONST89 ART27. DL 39931 DE 1954/11/24 ART2 PAR1 ART4 ART48 PAR2 PAR3.
Jurisprudência Nacional: AC STJ PROC41694 DE 1991/03/13. AC STJ PROC45533 DE 1994/01/05. AC STJ PROC45694 DE 1994/01/19. AC STJ PROC45617 DE 1994/01/19. AC STJ PROC45826 DE 1994/01/19. AC STJ PROC45847 DE 1994/01/26. AC STJ PROC46818 DE 1994/02/02. AC STJ PROC45612 DE 1994/02/02.
Sumário : I - Os vícios previstos no artigo 410 n. 1 do CPP87 hão-de resultar do texto da decisão recorrida, por si só ou conjugada com as regras da experiência comum. II - Não pode o Supremo sindicar a valoração das provas feita pelo Colectivo ou Tribunal a quo, em termos de a criticar por ter dado prevalência a uma em detrimento de outra, ou por ter formado a sua livre convicção com base em provas de consistência duvidosa. III - Não integra o vício da insuficiência para a decisão da matéria de facto provada, nem qualquer dos outros previstos no artigo 410 n. 2 do citado Código, o...
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