Acórdão nº 043913 de Supremo Tribunal de Justiça (Portugal), 05 de Junho de 1996 (caso NULL)
| Magistrado Responsável | LOPES ROCHA |
| Data da Resolução | 05 de Junho de 1996 |
| Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL. INCIDENTES.
Decis„o: INDEFERIMENTO.
¡rea Tem·tica: DIR CRIM - TEORIA GERAL / CRIM C/PESSOAS. DIR PROC CIV - RECURSOS.
LegislaÁ„o Nacional: CP82 ART2 N1 N4 ART202 N1. CP95 ART2 N4 ART165 N1 N2. CPC67 ART677. L 28/82 DE 1982/11/15 ART80 N2. L 15/94 DE 1994/05/11 ART8 N1 D. DL 48/95 DE 1995/03/15 ART13.
Sum·rio : I - N„o pode falar-se de tr‚nsito em julgado de decis„o do S.T.J. que negou provimento a um recurso, enquanto a quest„o da inconstitucionalidade do preceito incriminador - artigo 202 n. 1 do CÛdigo Penal de 1982 - estiver pendente no Tribunal Constitucional. II - N„o tendo transitado em julgado a sentenÁa condenatÛria da 1. inst‚ncia antes da entrada em vigor do Decreto- -Lei 48/95, h· que decidir no S.T.J., para onde o processo foi remetido...
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