Acórdão nº 039386 de Supremo Tribunal de Justiça (Portugal), 24 de Fevereiro de 1988 (caso NULL)
| Magistrado Responsável | BARBOSA DE ALMEIDA |
| Data da Resolução | 24 de Fevereiro de 1988 |
| Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR CRIM - CRIM C/SOCIEDADE.
Legislação Nacional: CP82 ART204 ART208 N1. L 16/86 DE 1986/06/11 ART13 N1 B. CPP29 ART667.
Sumário : I - Só é da competência do Supremo Tribunal de Justiça, enquanto tribunal de revista aplicar o direito aos factos, entretanto apurados pelas instâncias, excepção feita as provas vinculadas que implicam então, questões de direito. II - A questão da suficiência ou insuficiência da prova é matéria de facto da exclusiva competência das instâncias. III - Também não é lícito, ao Supremo Tribunal de Justiça, exercer censura sobre a forma como as instâncias utilizam os meios de prova para atingirem a decisão sobre matéria de facto, nem usar dos poderes referidos no artigo 712, n. 2 do Código de Processo Civil, que é da exclusiva competência...
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