Acórdão nº 0310767 de Court of Appeal of Porto (Portugal), 16 de Janeiro de 1991
| Magistrado Responsável | LUCIANO CRUZ |
| Data da Resolução | 16 de Janeiro de 1991 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: PROVIDO PARCIALMENTE.
Área Temática: DIR CRIM - TEORIA GERAL.
Legislação Nacional: CP82 ART2 N4. CONST82 ART29 N4.
Jurisprudência Nacional: AC STJ DE 1988/02/02 IN BMJ N374 PAG188. AC STJ DE 1988/02/10 IN BMJ N374 PAG196.
Sumário: I - A repristinação, sendo uma regra específica da declaração de inconstitucionalidade ou ilegalidade originária, perde a sua eficácia se tiver de afectar o princípio do regime mais favorável ao arguido, acolhido no artigo 29, n. 4 da Constituição da República Portuguesa, e no artigo 2, n. 4 do Código Penal. II - Não obstante o recurso ter sido interposto pelo arguido, o agravamento do " quantum " da pena ( sendo esta substituída por multa ) é lícito...
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