Acórdão nº 040582 de Supremo Tribunal Administrativo (Portugal), 22 de Março de 1990 (caso None)
Magistrado Responsável | MAIA GONÇALVES |
Data da Resolução | 22 de Março de 1990 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR CRIM - CRIM C/PESSOAS. DIR PROC PENAL.
Legislação Nacional: CPP87 ART374 ART410 C. CP82 ART72 ART74 N1 A ART132 N2 C F ART260.
Sumário : I - A materia de facto provada e apenas a constante da decisão recorrida não sendo licito ao recorrente invocar prova constante da instrução ou do inquerito que não tenha sido perfilhada pelo Colectivo no julgamento, realizada segundo os principios atinentes ao contraditorio e a imediação. II - Somente as contradições ou insuficiencias que existem internamente, dentro da propria sentença ou acordão, e não supostas contradições entre essas peças processuais e versões surgidas durante o inquerito ou a instrução, podem constituir nulidade, nos termos dos artigos 374 e 379, e ser fundamento de recurso nos termos do artigo 410, todos do Codigo de Processo Penal. III - Motivo util para os efeitos do artigo 132, n. 2, alinea c) do Codigo Penal, e aquele que não tem qualquer relevo, que não pode sequer razoavelmente explicar, e muito menos de algum modo justificar uma determinada conduta, tratando-se assim de um motivo notoriamente desproporcionado para ser sequer um começo de explicação para a conduta criminosa. IV - A especial censurabilidade ou perversidade que esta na base da qualificação do artigo 132 do Codigo Penal, pode ser aferida independentemente da verificação das circunstancias previstas nas diversas alineas do n. 2 desse artigo, cuja enumeração e...
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