Acórdão nº 9230752 de Court of Appeal of Porto (Portugal), 17 de Agosto de 1992
Data | 17 Agosto 1992 |
Órgão | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO. CONFIRMADA A DECISÃO.
Área Temática: DIR PROC PENAL.
Legislação Nacional: DL 430/83 DE 1983/12/13 ART23 N1. CCIV66 ART82 N1. CPP87 ART97 N4 ART119 D ART120 N2 D N3 A ART177 N1 ART193 N2 ART202 N1 A ART204 ART209 N1 N2 D ART374 N2 ART379 A. CONST89 ART27 N4 ART32 N6 ART34 N1 N2.
Jurisprudência Nacional: AC RP PROC9140650 DE 1991/10/30.
Sumário: I - Não carecia de prévia autorização do juiz de instrução a busca efectuada numa barraca sita num acampamento de ciganos, que o arguido, também de raça cigana, ocupava acidentalmente, pois tal barraca não passava de mero abrigo, sem condições para ser considerado domicílio. II - Mesmo que assim não fosse e tivesse ocorrido nulidade da ordem de busca emitida pelo Ministério Público, tal nulidade teria ficado sanada, por não ter sido arguida na altura da sua concretização, face ao disposto no nº 3, alínea a) do artigo 120 do Código de Processo Penal. III - Mostra-se suficientemente fundamentada a decisão do juiz que determinou que os arguidos aguardem os ulteriores termos do processo em prisão preventiva, com base na existência de indícios suficientes da prática do crime do...
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