Acórdão nº 0276473 de Supremo Tribunal Administrativo (Portugal), 25 de Março de 1992 (caso None)
Magistrado Responsável | LEONARDO DIAS |
Data da Resolução | 25 de Março de 1992 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR PROC PENAL - RECURSOS. DIR TRIB - DIR CUSTAS JUD ASSIT JUD.
Legislação Nacional: CONST76 ART20 N1. DL 387-B/87 DE 1987/12/29 ART1 N1.
Sumário: A ninguém, por motivo de insuficiência económica, pode ser negado o "acesso ao direito e aos tribunais" em ordem à "defesa dos seus direitos e interesses legítimos", organizando a Lei um tal "sistema de acesso" conducente a promover e, de certo modo, remover "que a ninguém seja dificultado ou impedido", por insuficiência de meios económicos, "de conhecer, fazer valer ou defender os seus direitos" (artigos 20 CRP e 1 do Decreto-Lei n. 387-B/87, de 29 de Dezembro). Só que, todavia, aqui, não reune o requerente os requisitos do apoio judiciário. Invocou a) estar desempregado; b) auferir o cônjuge o vencimento líquido mensal de 137000 escudos; c) às despesas domésticas (alimentação, vestuário, calçado, água, luz, telefone e as emergentes dos estudos de 2 filhos menores) que orçam em 80000 escudos mensais, acresce a de 83333 escudos correspondente a prestação mensal de pagamento de mútuo contraído para aquisição de um apartamento. Mas, na verdade, ele não é, rigorosamente, um desempregado, mas, sim, Técnico...
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