Acórdão nº 9540542 de Court of Appeal of Porto (Portugal), 05 de Julho de 1995
Magistrado Responsável | RAMIRO CORREIA |
Data da Resolução | 05 de Julho de 1995 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR PROC PENAL. DIR PENIT.
Legislação Nacional: CPP87 ART204 ART212 ART214 N4 ART213 N1 ART211 N1. DL 265/71 DE 1971/08/01 ART95 N1 ART193 N1 ART215 N4. CONST89 ART27.
Sumário: I - Enquanto não surgirem alterações fundamentais da situação que existia à data em que se decidiu aplicar a prisão preventiva ( admitindo que nessa altura existiam as condições ou pressupostos exigidos por lei ), não pode o tribunal reformar essa decisão, sob pena de, fazendo-o, provocar a instabilidade jurídica decorrente de julgados contraditórios, com inevitáveis reflexos negativos no prestígio dos tribunais e nos valores da certeza ou segurança jurídica que constituem os verdadeiros fundamentos do caso julgado. Podendo a decisão não ser definitiva ela é, porém, intocável e imodificável, enquanto não sobrevierem motivos que justifiquem legalmente nova tomada de posição, isto é enquanto subsistirem os...
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