Acórdão nº 9240817 de Court of Appeal of Porto (Portugal), 11 de Novembro de 1992
Magistrado Responsável | PEREIRA MADEIRA |
Data da Resolução | 11 de Novembro de 1992 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR CONST - DIR FUND. DIR PROC PENAL.
Legislação Nacional: CONST82 ART34 N2 ART36 N6. CPP87 ART177 N1 ART125. DL 430/83 DE 1983/12/13 ART48 N2.
Sumário: I - O artigo 32, nº 6 da Constituição da República dispõe que são nulas todas as provas obtidas mediante abusiva intromissão no domicílio, o que é complementado pelo nº 2 do artigo 34 que diz que " ...a entrada no domicílio dos cidadãos contra a sua vontade só pode ser ordenada pela autoridade judicial competente nos casos e segundo as formas previstas na lei... "; II - A nível da legislação ordinária, tais princípios constitucionais encontram tradução, além do mais, no nº 1 do artigo 177, do Código de Processo Penal, onde se dispõe que a busca em casa habitada ou numa sua dependência fechada só pode ser ordenada se autorizada pelo juiz e efectuada entre as sete e as vinte e uma horas, sob pena de nulidade; III - O princípio geral em matéria de admissibilidade dos meios de prova é o de que todos os meios são admissíveis, devendo o contrário resultar sempre de proibição legal - artigo 125 do Código de Processo Penal; IV - De acordo com os princípios...
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