Acórdão nº 3461/2004-3 de Court of Appeal of Lisbon (Portugal), 21 de Abril de 2004 (caso NULL)
Magistrado Responsável | SILVA PEREIRA |
Data da Resolução | 21 de Abril de 2004 |
Emissor | Court of Appeal of Lisbon (Portugal) |
(F), requerente nos autos de processo gracioso de concessão da liberdade condicional perante o Tribunal de Execução de Penas, vem nos termos do art.º 405º nº 1 do Código de Processo Penal (CPP) reclamar do despacho de fls. 87 que não admitiu o recurso de fls. 72 a 76, por a decisão ser irrecorrível nos termos do art. 127º do Decreto-Lei nº 783/76, de 29 de Outubro.
O Reclamante defende a admissibilidade do recurso nos termos do art. 399º e 400º do Código de Processo Penal (CPP), aprovado pelo Decreto-Lei nº 78/87, de 17 de Fevereiro, que revogou o art. 127º do citado Decreto-Lei nº 783/76.
O Ministério Público respondeu pugnando pela não admissibilidade do recurso nos termos do art. 414º nº 2 do CPP.
O despacho reclamado foi mantido.
A questão a apreciar e decidir é a de saber se a decisão que indefere a concessão da liberdade condicional, é passível de recurso, por o art. 127º do citado Decreto-Lei 783/76 estar derrogado pelo actual CPP.
A matéria com interesse é a que resulta do que ficou descrito.
O art.127º do normativo citado, dispõe que não é admitido recurso das decisões que concedam ou neguem a liberdade condicional. Este art. 127º tem de ser conjugado com o princípio emanado do art. 399º do CPP e com o art. 414º nº 2 do CPP que prevê por forma taxativa as situações em que o recurso não deve ser admitido. São elas a decisão ser irrecorrível, o recurso ser interposto fora de tempo, o recorrente não ter as condições necessárias para recorrer ou faltar a motivação.
No caso concreto, a apreciação da concessão da liberdade condicional é da competência do Tribunal de Execução de Penas, e é regulada no Decreto-Lei nº 783/76, que constitui direito especial. Não se rege...
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