Acórdão nº 9440766 de Court of Appeal of Porto (Portugal), 30 de Novembro de 1994
Magistrado Responsável | VAZ DOS SANTOS |
Data da Resolução | 30 de Novembro de 1994 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC CONTRAORDENACIONAL.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR ORDEN SOC. DIR PROC PENAL - RECURSOS. DIR TRIB - DIR CUSTAS JUD.
Legislação Nacional: CPP87 ART97 N1 B N4 ART123. CPC67 ART292 N1 N3. CCJ62 ART187 N1 A N3 ART192. DL 433/82 DE 1982/10/27 ART92 N1 ART93 N5.
Jurisprudência Nacional: AC STJ DE 1987/12/02 IN BMJ N372 PAG362. AC STJ DE 1987/12/16 IN BMJ N372 PAG377. AC STJ DE 1988/02/02 IN BMJ N374 PAG385. AC STJ DE 1988/06/30 IN BMJ N378 PAG639. AC TC DE 1994/05/17 IN DR 205 IIS 1994/09/05.
Sumário: I - O não cumprimento do dever de fundamentação dos despachos imposta pelo artigo 97, ns. 1, alínea b) e 4 do Código de Processo Penal constitui mera irregularidade, sujeita à disciplina do artigo 123 do mesmo Código. II - O despacho " julgo deserto o recurso. Custas pelo..., fixando-se taxa de justiça em... " é completamente omisso quanto à fundamentação de facto e de direito. Por isso é irregular. Todavia, como a falta não foi arguida tempestivamente e resulta claramente que o recorrente se apercebeu imediatamente e perfeitamente das razões de facto e de direito subjacentes à prolação de tal despacho - motivo porque a falta não afectou minimamente o valor do acto praticado -, não há lugar a declaração de invialidade deste. III - As custas em processo de contra-ordenação regulam-se pelos artigos 171 e...
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