Acórdão nº 040470 de Supremo Tribunal de Justiça (Portugal), 02 de Maio de 1990 (caso NULL)
Magistrado Responsável | PINTO BASTOS |
Data da Resolução | 02 de Maio de 1990 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: INDEFERIMENTO.
Área Temática: DIR PROC PENAL - RECURSOS. DIR CONST - DIR FUND.
Legislação Nacional: CPP29 ART664 ART667 PAR1 N2.
Jurisprudência Nacional: AC STJ DE 1988/05/18 IN CJ T3 PAG5. AC STJ DE 1989/10/25 IN CJ T5 PAG21. AC TC DE 1989/05/18 IN DR IIS DE 1989/09/14. AC TC DE 1989/07/13. AC TC 155/87 DE 1987/05/06 IN BMJ N367 PAG224.
Sumário : I - O artigo 664 do Codigo de Processo Penal de 1929 ( reproduzido não essencial no artigo 416 do Codigo de Processo Penal em vigor ) não e inconstitucional na sua estatuição, em abstrato. II - Porem, no seu funcionamento concreto, devera ser articulado com outras disposições legais que garantem o exercicio do contraditorio e do direito de defesa entre eles, no sistema do Codigo de Processo Penal, o artigo 667 paragrafo 1 n. 2. III - A articulação dos artigos 664 e 667, tal como acontece na articulação acusação-contestação ou...
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