Acórdão nº 0006283 de Supremo Tribunal Administrativo (Portugal), 24 de Janeiro de 1996 (caso None)
Magistrado Responsável | CARLOS SOUSA |
Data da Resolução | 24 de Janeiro de 1996 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: PROVIDO.
Área Temática: DIR CRIM - ABUSO LIBERDADE IMPRENSA. DIR PROC PENAL - RECURSOS. DIR CONST - DIR FUND.
Legislação Nacional: CPP87 ART120 ART379 A. CP82 ART164 N4 ART172 N1. CONST76 ART18 ART26 ART37.
Sumário: I - A nulidade por falta de fundamentação é sanável. II - Só após o trânsito em julgado em outro processo, com todas as garantias de defesa para o difamado, aí arguido, é que o arguido no processo de difamação pode fazer prova da veracidade de tais imputações. III - Inexistindo a possibilidade legal daquele procedimento criminal (no outro processo contra o ofendido) não há justificação para que se limite o...
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