Acórdão nº 038764 de Supremo Tribunal Administrativo (Portugal), 28 de Janeiro de 1987 (caso None)
Magistrado Responsável | ALMEIDA SIMÕES |
Data da Resolução | 28 de Janeiro de 1987 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: ANULADA A DECISÃO.
Área Temática: DIR PROC PENAL - RECURSOS.
Legislação Nacional: CPP29 ART647 N1 ART664 ART660. CPC61 ART660 ART668 N1 D ART731 N1 N2 ART762.
Sumário : I - Verifica-se omissão de pronuncia quando o acordão da Relação mantem a qualificação por que se optara na 1 instancia (crime culposo), não tomando posição quanto a qualificação juridico-criminal (crime doloso) defendida pelo Ministerio Publico na vista a que se refere o artigo 664 do Codigo de Processo Penal. II - Na verdade, tanto vale provocar a intervenção do tribunal mediante recurso, como atraves do parecer emitido nos termos do citado artigo 664, ou seja: tanto sera de valorizar, no mundo do direito adjectivo, a falta de resolução de questão suscitada, por exemplo, na alegação de recurso, como quando a omissão se interliga a problemas postos na vista que se facultou ao Ministerio Publico com base naquele artigo 664, ja que aos juizes incumbe "resolver todas as...
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