Acórdão nº 0124589 de Court of Appeal of Porto (Portugal), 20 de Março de 1991
Magistrado Responsável | FONSECA GUIMARÃES |
Data da Resolução | 20 de Março de 1991 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO. ALTERADA A DECISãO.
Área Temática: DIR PROC PENAL. DIR CRIM - CRIM C/PESSOAS.
Legislação Nacional: CPP29 ART443 ART447 ART448 ART531. CE54 ART5 N2 ART59 A B ART61 N1 N2 D. DL 605/75 DE 1975/11/03 ART2 N1 D ART20. DL 400/82 DE 1982/09/23 ART3 N2. CP82 ART43 N1 ART46 ART48 N2.
Jurisprudência Nacional: AC STJ DE 1985/01/16 IN BMJ N343 PAG184. AC STJ DE 1985/05/28 IN BMJ N347 PAG214. AC RP DE 1986/03/12 IN BMJ N355 PAG438. AC RP DE 1986/05/14 IN BMJ N357 PAG490. AC RP DE 1986/10/29 IN BMJ N360 PAG658. AC STJ DE 1990/03/14 IN CJ T2 ANOXV PAG11.
Sumário: 1. Apesar de não constar da acusação que o arguido conduzia o veiculo automovel em estado de embriaguez, mas alegando-se ai que o acidente resultou de ele ter descurado o cuidado, a atenção e a prudencia que deveriam presidir ao exercicio da condução, o juiz pode, no uso dos seus poderes de descoberta da verdade material, dar como provado esse estado, designadamente se ja constava do inquerito o resultado do teste de alcoolemia em que o arguido acusava uma TAS de 3,0 g/l, sem que isso signifique o recurso a " novos elementos de prova ". 2. O apuramento da alcoolemia cabe no ambito daquela alegação, contribuindo para explica-la, sem que haja violação do principio do contraditorio, ate porque o arguido devia saber, atraves do seu advogado constituido, que aquele exame ja constava do processo. 3. O artigo 2. n. 1 alinea d) do Decreto-Lei n. 605/75, de 3 de Novembro, não impede a utilização na audiencia de julgamento das pericias, exames e relatorios constantes do inquerito, e o artigo...
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