Acórdão nº 036073 de Supremo Tribunal de Justiça (Portugal), 18 de Fevereiro de 1981 (caso NULL)
Magistrado Responsável | ARELO MANSO |
Data da Resolução | 18 de Fevereiro de 1981 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decis„o: NEGADO PROVIMENTO.
¡rea Tem·tica: DIR PROC PENAL.
LegislaÁ„o Nacional: CPP29 ART101 ART646 N6. CPC67 ART678 N2. DL 35007 DE 1945/10/13 ART4 PAR1.
Sum·rio : I - Dos acord„os da RelaÁ„o, proferidos em recurso interposto em processo correccional que n„o sejam condenatorios, n„o ha recurso - artigo 646, n. 6, do Codigo de Processo Penal. II - Em processo civil e sempre admissivel o recurso que tiver por fundamento a ofensa de caso julgado, seja qual for o valor da causa - artigo 678, n. 2, do Codigo de Processo Civil. E, em processo penal, por maioria de raz„o, deve igualmente ser admitido pelo mesmo fundamento, atenta a natureza publica da acÁ„o penal. III - N„o havendo uma decis„o, ainda que generica, sobre a legitimidade do assistente, posterior ao despacho que o admitiu, nem o despacho que designa dia para julgamento nem a propria sentenÁa, constituem caso julgado formal se dela...
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