Acórdão nº 000029 de Supremo Tribunal de Justiça (Portugal), 10 de Outubro de 1990 (caso NULL)
| Magistrado Responsável | PINTO BASTOS |
| Data da Resolução | 10 de Outubro de 1990 |
| Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: HABEAS CORPUS.
Decisão: INDEFERIMENTO.
Área Temática: DIR PROC PENAL - HABEAS CORPUS.
Legislação Nacional: CP82 ART228 N1 B ART313 ART314 C. CPP87 ART202 N1 B ART204 B ART209 N1 ART212 ART215 ART219 ART222 N2 ART223 N4 B. CPP29 ART314 PAR4 ART315 ART319 B. DL 35003 DE 1945/10/10.
Jurisprudência Nacional: AC STJ PROC34/89 DE 1989/12/06.
Sumário : I - Verificados os requisitos dos artigos 202, n. 1 e 204 alínea b) e 209, n. 1 todos do Código de Processo Penal existe legalidade na prisão preventiva. II - O Supremo Tribunal de Justiça não pode substituir-se ao tribunal ou ao juiz que detém a jurisdição do processo e não pode intrometer-se uma função reservada aos mesmos, consistindo as suas funções em controlar se a prisão se situa e está a ser cumprida dentro dos limites da decisão judicial que...
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