Acórdão nº 0329083 de Supremo Tribunal Administrativo (Portugal), 13 de Abril de 1994 (caso None)
Magistrado Responsável | NUNES RICARDO |
Data da Resolução | 13 de Abril de 1994 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: PROVIDO.
Indicações Eventuais: CAVALEIRO FERREIRA CURSO PROCESSO PENAL I PAG294 ED AAFDL DE 1959.
Área Temática: DIR PROC PENAL - RECURSOS. DIR CRIM - TEORIA GERAL.
Legislação Nacional: CPP87 ART119 ART417 N2 D ART418 N4 B. DL 17/91 DE 1991/01/10 ART2. CP886 ART125 N5. DL 400/82 DE 1982/09/23 ART7 ART4 ART6. CONST82 ART18 N1 ART29 N1.
Jurisprudência Nacional: AC STJ DE 1988/10/19 IN BMJ N380 PAG420.
Sumário: I - Não obstante se tratar de recurso interposto de sentença condenatória, o caso é objecto de deliberação, em Conferência, já que se perfila causa extintiva de procedimento ou da responsabilidade criminal capaz de pôr termo ao processo e é o único motivo do recurso (artigo 417, n. 2, al. d), 418, n. 1, e 419, n. 4, al. b), do CPP). II - O transgressor pagou, na Tesouraria da Fazenda Pública, a quantia correspondente à multa devida pela transgressão constante do auto de notícia dentro do prazo legal para a respectiva oblação voluntária. Muito depois, quando o procedimento criminal já estava extinto ipso jure, o auto de notícia deu entrada em Juízo, tendo procedido a julgamento, sem a presença do arguido, representado pelo seu defensor, e sido condenado. Tudo em pura perda. III - Não enforma em conforma isso, porém, nenhuma nulidade insanável (artigo 119, a contrario, CPP). Configura, sim, erro tão ostensivo, patente e notório, tão arredio da vontade do julgador que logo se infere enfermar tal acto jurisdicional de vício de inexistência jurídica, por, em caso algum, poder produzir quaisquer efeitos jurídicos, até porque é mero acto material de condenação injusta que ao...
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