Acórdão nº 039115 de Supremo Tribunal de Justiça (Portugal), 23 de Novembro de 1988 (caso NULL)
Magistrado Responsável | MANSO PRETO |
Data da Resolução | 23 de Novembro de 1988 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO.
Indicações Eventuais: LUIS OSORIO IN COMENTARIO AO CPP VVI PAG185. FIGUEIREDO DIAS IN DIREITO DO PROCESSO PENAL PAG322.
Área Temática: DIR CRIM - CRIM C/SOCIEDADE.
Legislação Nacional: CPP87 ART58 ART176 ART187 N1 ART188 ART362 PAR1 ART363 ART371 ART647 PAR4 ART609 ART663 PAR ART666. LOTJ87 ART30. CONST82 ART18 N2 N3 ART32 N6 N7 ART34 ART37 N7 ART168 N1 C. CP82 ART23 ART74 ART118 N2 A ART260 ART287 ART329 ART410 N1. CPP29 ART210 PAR1 PAR2. DL 187/83 DE 1983/05/13 ART1 ART9 N1 C D ART10 N1 A D ART15 N1 N2 ART22 N1 A ART35. DL 31664 DE 1941/11/22 ART13 PARUNICO ART14 ART15 N3 N5 ART16 ART17 ART19 ART35 ART37 PAR4 ART45 A.
Jurisprudência Nacional: AC TC DE 1987/01/09 IN BMJ N363 PAG109. AC TC DE 1987/06/02 IN DR DE 1987/06/02.
Sumário : I - A reserva da inviolabilidade da correspondencia e das telecomunicações não e absoluta, mas relativa, so podendo considerar-se abusiva a intromissão quando efectuada fora dos casos previstos na lei e sem intervenção judicial, quando desnecessaria ou desproporcionada, ou quando aniquiladora dos proprios direitos. II - Assim, as escutas telefonicas e respectivas gravações levadas a cabo pela Policia Judiciaria, sob autorização fundamentada do Juiz de Instrução, não são nulas como meio de prova, tendo valor probatorio independentemente de exame, a apreciar pelo tribunal segundo prudente criterio em confronto com os demais elementos de prova. III - A norma do artigo 15 do Decreto-Lei n. 187/83, de 13 de Maio, que preve e pune o crime autonomo de receptação no dominio do contrabando, esta afectada de inconstitucionalidade...
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