Acórdão nº 040531 de Supremo Tribunal de Justiça (Portugal), 07 de Fevereiro de 1990
Magistrado Responsável | FERREIRA DIAS |
Data da Resolução | 07 de Fevereiro de 1990 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
Acordam no Supremo Tribunal de Justiça:- O Excelentissimo Procurador Geral-Adjunto veio requerer a resolução do conflito de competencia - negativo - entre os tribunais de Instrução Criminal de Almada e de Setubal, alegando em resumo:- - Os referidos Tribunais atribuem-se mutuamente competencia, negando a propria, para conhecer do processo em que e arguido Jose Marques Rocha; - As decisões em que assim se entendeu transitaram em julgado; e - Este Supremo Tribunal e legalmente competente para conhecer do conflito. Cumprido o disposto no artigo 118 ns. 1 - primeira parte e 2 do Codigo de Processo Civil, apenas se dignou responder o Senhor Juiz de Instrução Criminal de Setubal. Foram os autos com vista ao Excelentissimo Representante do Ministerio Publico, que, no seu distinto parecer de folhas 15 e seguintes opinou no sentido de que e competente o Tribunal de Instrução Criminal de Almada. Colhidos os vistos, cumpre apreciar e decidir:- Encerrada que foi a instrução preparatoria dos autos em questão, que correram seus termos ate ali no Tribunal de Instrução de Almada, decidiu o Meritissimo Juiz desse mesmo Tribunal que, como os factos ocorreram na comarca de Sesimbra, actualmente integrado no Circulo Judicial de Setubal, deveriam os autos ser remetidos a este circulo por ser o competente. O Meritissimo Juiz deste ultimo Tribunal, alicerçado no facto de os factos terem ocorrido na area da comarca de Sesimbra que pertence a area do Tribunal de Instrução Criminal de Almada e não Setubal, reconheceu, ser, incompetente, por sua banda, para conhecer do pleito. De que lado se mostra a razão? Seguramente se tera de concluir que o Tribunal competente e o de Almada. Sendo, como e, aplicavel ao caso do processo o regime do Codigo de Processo Penal...
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