Acórdão nº 046789 de Supremo Tribunal de Justiça (Portugal), 05 de Junho de 1996 (caso NULL)
Magistrado Responsável | LOPES ROCHA |
Data da Resolução | 05 de Junho de 1996 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR CONST - DIR FUND. DIR INT PUBL - DIR HOMEM. DIR CRIM - TEORIA GERAL / CRIM C/SOCIEDADE.
Legislação Nacional: CONST89 ART32 N1. CP886 ART421 PARÚNICO. CP82 ART22 ART23 ART26 ART27 ART30 N2 ART48 N2 ART72 ART74 ART78 ART228 N1 A B C ART245 N1 ART247 N1 ART313 ART314 A C. CP95 ART2 N4 ART50 ART77 ART78 ART202 B ART256 ART269 N1. CPP87 ART1 ART120 ART127 ART284 N1 ART303 N3 ART309 N2 ART359 N1 N2 ART374 N2 ART379 B ART403 ART409 ART410 N2 B C N3 ART433 ART439 ART449. LOTJ87 ART29. D 13004 DE 1927/01/12 ART23 ART24 N2 C. DL 454/91 DE 1991/12/28 ART11 N1 A. L 23/91 DE 1991/07/04. L 15/94 DE 1994/05/11 ART8 N4 ART9 N3 ART11 ART12. DL 48/95 DE 1995/03/15.
Referências Internacionais: PT INT DIR CIV POR ART14 N5. CONV DIR HOMEM ART6 PAR3 A.
Jurisprudência Nacional: ASS STJ DE 1992/02/19 IN DR DE 1992/04/09. ASS STJ DE 1993/01/27 IN DR DE 1993/05/10. AC STJ DE 1970/05/13 IN BMJ N197 PAG220. AC STJ DE 1988/02/24 IN BMJ N374 PAG222. AC STJ DE 1963/07/10 IN BMJ N129 PAG190.
Jurisprudência Internacional: SENT TRIB EUR DIR HOMEM DE 1995/02/10 IN PUBLICATIONS DE LA CEDH VOL309 PAG5.
Sumário : I - O vício da insuficiência da matéria de facto para a decisão deve ser de tal ordem que patenteie a impossibilidade de um correcto juízo subsuntivo entre a materialidade fáctica apurada e a norma penal abstracta chamada à respectiva qualificação, mas apreciadas pela sua globalidade e não em meros pormenores divorciados do contexto em que se descreve a sucessão de factos imputados ao agente. Assim, não é necessária, relativamente a factos isolados do conjunto, uma minúcia particular, nem sempre possível pelas contingências da prova apreciada em tribunal. II - O entendimento do Acórdão...
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