Acórdão nº 9330965 de Court of Appeal of Porto (Portugal), 06 de Março de 1996
Magistrado Responsável | TEIXEIRA MENDES |
Data da Resolução | 06 de Março de 1996 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO. REVOGADA A DECISÃO.
Área Temática: DIR PROC PENAL.
Legislação Nacional: CPP87 ART4 ART49 N3. CPC67 ART40. DL 267/92 DE 1992/11/28.
Jurisprudência Nacional: ASS STJ DE 1994/09/27 IN DR IS-A 1994/11/04. AC RP DE 1993/05/26 IN CJ T3 ANOXVIII PAG248. AC RP DE 1993/11/17 IN CJ T5 ANOXVIII PAG259.
Sumário: I - A partir da vigência do Decreto-Lei n.267/92, de 28 de Novembro, a jurisprudência fixada pelo acordão obrigatório do Supremo Tribunal de Justiça, de 13 13 Maio de 1992, deixou de poder ser invocada por se ter operado uma revogação implícita do comando do segmento da norma contida no n.3 do artigo 49 do Código de Processo Penal ( acordão obrigatório do Supremo Tribunal de Justiça, de 27 de Setembro de 1994 Diário da República I-S-A, de 4 de Novembro ). II - Relativamente a situações anteriores à entrada em vigor do mencionado Decreto-Lei n.267/92, não há qualquer obstáculo a que a norma do artigo 40 do Código de Processo Civil, aplicável por força do artigo 4 do Código de Processo Penal, se estenda, por identidade de razão, aos casos em que, havendo falta, insuficiência ou irregularidade de mandato...
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