Acórdão nº 039464 de Supremo Tribunal de Justiça (Portugal), 14 de Abril de 1988 (caso NULL)
Data | 14 Abril 1988 |
Órgão | http://vlex.com/desc1/1997_01,Supreme Court of Justice (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decis„o: NEGADO PROVIMENTO.
¡rea Tem·tica: DIR PROC PENAL.
LegislaÁ„o Nacional: CPC67 ART690 N1. CPP29 ART1 PARUNICO ART273 A ART291 PAR1 PAR2 ART366 N3 N5 ART649 ART663 PAR2. CPP87 ART209 N1 N2 A B. DL 78/87 DE 1987/02/17 ART7 N1 N2. CONST82 ART18 N2 ART27 N1 N2 N3 A. L 43/86 DE 1986/09/26 ART2 N2 38. DL 477/82 DE 1982/12/22. L 41/85 DE 1985/08/14 ART1. CP82 ART14 N3 ART22 ART23 ART131 ART132 N1 N2 C E G ART160 N2 B G ART162 N2 ART260 ART287 N1 N2 ART306 N1 N3 A B ART308 ART309 N1 N4 ART389 N1 N2 ART392 N5.
JurisprudÍncia Nacional: AC STJ DE 1982/12/02 IN BMJ N322 PAG315.
Sum·rio : I - O artigo 209 do Codigo de Processo Penal em vigor n„o e inconstitucional, como o n„o era o artigo 291 do Codigo de Processo Penal de 1929. II - Os casos em que a lei inculca a conveniencia da pris„o preventiva s„o os dos crimes de tal gravidade, perante o quadro de valores criminalmente protegidos, que a n„o aplicaÁ„o de tal medida poderia provocar alarme social pela perigosidade dos seus autores e pelas penas que a lei comina para eles. III - N„o viola a lei, antes dela faz correcta aplicaÁ„o, a decis„o que mantem a pris„o preventiva de arguidos em processo penal...
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