Acórdão nº 045787 de Supremo Tribunal de Justiça (Portugal), 10 de Fevereiro de 1994 (caso NULL)
Magistrado Responsável | SOUSA GUEDES |
Data da Resolução | 10 de Fevereiro de 1994 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR PROC PENAL - RECURSOS.
Legislação Nacional: CPP29 ART1 PARÚNICO ART460 ART469 ART470 ART472 ART665 ART666. CPP87 ART433. CPC67 ART650 F ART712 N2. CONST89 ART32. DL 387-B/87 DE 1987/12/29 ART54 N1.
Jurisprudência Nacional: AC STJ DE 1968/07/17 IN BMJ N179 PAG106. AC TC 401/91 DE 1991/10/30 IN DR DE 1992/01/08. ASS STJ DE 1944/07/28 IN DR IS DE 1944/08/22. AC TC 61/88 IN DR IIS DE 1988/08/20. AC STJ DE 1990/11/14 IN BMJ N401 PAG429. AC STJ DE 1990/10/25 IN BMJ N400 PAG561. AC STJ DE 1990/06/19 IN BMJ N398 PAG192. AC STJ DE 1993/05/05 IN DR IIS DE 1993/10/29.
Sumário : I - O Supremo Tribunal de Justiça, nos recursos em processo de querela, no âmbito do Código de Processo Penal de 1929, conhece apenas de matéria de direito - artigo 666 daquele diploma - sendo-lhe, porém, lícito mandar ampliar a matéria de facto em ordem a constituir base suficiente para a decisão de direito. II - Ao Supremo Tribunal não lhe é, no entanto, lícito anular o julgamento com base em deficiências, obscuridades ou ambiguidades do questionário ou exercer censura sobre a forma tribunais de instância chegaram às conclusões sobre matéria de facto...
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