Acórdão nº 038039 de Supremo Tribunal Administrativo (Portugal), 18 de Junho de 1986 (caso None)
Data | 18 Junho 1986 |
Órgão | http://vlex.com/desc1/1541_01,Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: CONFLITO COMPETENCIA.
Decisão: DECLARAÇÃO DE COMPETENCIA.
Área Temática: DIR JUDIC - CONFLITOS.
Legislação Nacional: L 29/82 DE 1982/12/11 ART32 N1 ART69 N2. CJM25 ART1 N1 N2 ART88 ART210 ART217 ART223 ART226 ART309 ART313. CONST82 ART212 N4 ART218. L 82/77 DE 1977/12/06 ART14. DL 151/85 DE 1985/05/09 ART1 N1 ART2 N1 ART4 N2. DL 400/82 DE 1982/09/23.
Jurisprudência Nacional: ASS STJ DE 1982/06/23 IN BMJ N318 PAG257. ASS STJ DE 1985/11/06 IN BMJ N351 PAG276.
Sumário : I - Embora os agentes da Policia de Segurança Publica não sejam militares e, por isso não lhes seja directamente aplicavel a disposição do artigo 88 do Codigo de Justiça Militar, o artigo 69, n. 2, da Lei n. 29/82, de 11 de Dezembro (Lei de Defesa Nacional e das Forças Armadas), mandou aplicar aquela Policia de Segurança Publica, ainda que transitoriamente, o disposto no seu artigo 32, em cujo n. 1 se estabelece que "as exigencias especificas do ordenamento aplicavel as Forças Armadas em materia de justiça e de disciplina serão reguladas, respectivamente, no Codigo de Justiça Militar e no Regulamento de Justiça Militar". II - Sem identificar os membros da Policia de Segurança Publica como militares, o legislador...
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