Acórdão nº 040604 de Supremo Tribunal de Justiça (Portugal), 21 de Fevereiro de 1996 (caso NULL)
| Data | 21 Fevereiro 1996 |
| Órgão | http://vlex.com/desc1/1997_01,Supreme Court of Justice (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: PROVIDO.
Área Temática: DIR PROC PENAL - RECURSOS.
Legislação Nacional: L 28/82 DE 1982/11/15 ART80 N2. CCIV66 ART10 N3. CPP29 ART469 ART517 ART665 ART666. CPP87 ART364 ART374 N2 ART389 ART410 N2 A B C N3. CONST89 ART32 N1. DL 20147 DE 1931/08/01.
Legislação Estrangeira: DECUDH ART11 N1. CONV EUR DIREITOS DO HOMEM ART61 N1.
Jurisprudência Nacional: ASS STJ DE 1934/06/29 IN COL OF N33 PAG194. AC TC DE 1991/10/30 IN DR IS-A DE 1992/01/08. AC STJ DE 1990/11/14 IN BMJ N401 PAG422. AC STJ DE 1992/06/09 IN BMJ N419 PAG589.
Sumário : I - O Tribunal Constitucional declarou a inconstitucionalidade de todo o artigo 665 do C.P.P. de 1929, na interpretação que lhe foi dada pelo STJ em Assento de 29 de Junho de 1934 por violação do disposto no artigo 32, n. 1 da Constituição. II - A duplicidade de jurisdição sobre matéria de facto não é um corolário necessário da regra constitucional que genéricamente declara o estabelecimento de todas as garantias de defesa em processo penal; apenas é admitido na lei ordinária com...
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