Acórdão nº 9540178 de Court of Appeal of Porto (Portugal), 14 de Fevereiro de 1996
Magistrado Responsável | FERREIRA DINIS |
Data da Resolução | 14 de Fevereiro de 1996 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: DECIDIDO NÃO TOMAR CONHECIMENTO. NEGADO PROVIMENTO.
Área Temática: DIR PROC PENAL - RECURSOS.
Legislação Nacional: CPC67 ART287 E. CPP87 ART209.
Sumário: I - O recurso interposto do despacho que submeteu o arguido às obrigações decorrentes do termo de identidade e residência e de apresentação periódica no posto policial da área da sua residência ( por se entender que devia ter-lhe sido aplicada prisão preventiva ) perde utilidade no caso de, em despacho posterior, por o mesmo arguido ter faltado injustificadamente à audiência de julgamento, ter sido decretada a prisão preventiva. Ao recorrente ( o Ministério Público ) falta agora « interesse em agir :, que obsta a que, nessa parte, se conheça do recurso por « inutilidade superveniente : ( artigos 1 parágrafo único do Código de Processo Penal de 1929 e 287 alínea e) do Código de Processo Civil ). II - A pronúncia do arguido pela autoria de dois crimes de furto qualificado previsto e punido pelos artigos 296 e 297 n.1 alínea a) e 2 alínea a), d) e h) do Código Penal de 1982 implica se aceite existirem « fortes indícios : da prática daqueles ilícitos por banda do mesmo arguido para efeitos de aplicação da prisão preventiva. Todavia, considerando que « a liberdade só pode ser limitada em função das exigências processuais de natureza cautelar, pelas medidas de coacção previstas na lei, que deverão ser adequadas e proporcionais à qualidade do crime e às sanções que possivelmente venham a ser aplicadas, só podendo optar-se pela prisão preventiva quando se revelam inadequadas ou insuficientes outras medidas :, - que o processo já se encontra na fase de...
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