Acórdão nº 9210494 de Court of Appeal of Porto (Portugal), 21 de Outubro de 1992
| Magistrado Responsável | PEREIRA MADEIRA |
| Data da Resolução | 21 de Outubro de 1992 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: PROVIDO.
Área Temática: DIR PROC PENAL. DIR CRIM - CRIM C/PESSOAS.
Legislação Nacional: CP82 ART176. CPP87 ART311.
Jurisprudência Nacional: AC RP PROC9230334 DE 1992/06/17. AC STJ DE 1991/07/12 IN CJ T5 ANOXVI PAG27.
Sumário: I - O princípio da máxima acusatoriedade não impede o juiz de julgamento de discordar livremente da qualificação jurídica constante da acusação face ao inalienável princípio da liberdade na aplicação do direito que é da essência da função jurisdicional, ressalvando-se, obviamente, a inalterabilidade da matéria fáctica descrita na...
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