Acórdão nº 036996 de Supremo Tribunal de Justiça (Portugal), 30 de Novembro de 1983
| Magistrado Responsável | VASCONCELOS DE CARVALHO |
| Data da Resolução | 30 de Novembro de 1983 |
| Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: RECL CONFERENCIA.
Decis„o: INDEFERIMENTO.
¡rea Tem·tica: DIR PROC PENAL.
LegislaÁ„o Nacional: CP886 ART399 N1 N2 N3 PARUNICO ART125 N4 PAR3. CPP29 ART5 ART101 PAR2. CP82 ART211 ART114 N2.
Sum·rio : I - N„o obstante se encontrar regulado no Codigo Penal, o direito de queixa tem natureza adjectiva, funcionando como um pressuposto processual. II - Porque em processo, o principio geral quanto a aplicaÁ„o da lei no tempo e o da aplicaÁ„o da lei vigente no momento em que o acto processual e praticado ("tempus regit actum"), o direito de queixa exercido pela irma de uma ofendida em crime de violaÁ„o, ao abrigo do disposto no artigo 399 do Codigo Penal de 1886, n„o e...
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