Acórdão nº 9540663 de Court of Appeal of Porto (Portugal), 24 de Abril de 1996
Magistrado Responsável | OLIVEIRA SANTOS |
Data da Resolução | 24 de Abril de 1996 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC CONTRAORDENACIONAL.
Decisão: NEGADO PROVIMENTO. CONFIRMADA A DECISÃO.
Área Temática: DIR ORDEN SOC. DIR PROC PENAL.
Legislação Nacional: DL 28/92 DE 1992/02/27 ART2 ART4 N1 N3. DL 433/82 DE 1982/10/27 ART59 N3 NA REDACÇÃO DO DL 356/89 DE 1989/10/17 ART61 ART63. DL 433/82 DE 1982/10/27 ART59 N3 ART60 N1 NA REDACÇÃO DO DL 244/95 DE 1995/09/14. CPP87 ART5 N1.
Jurisprudência Nacional: AC RP PROC9540992 DE 1996/02/14.
Sumário: I - A efectiva força probatória das telecópias de articulados, alegações ou requerimentos, ou seja, a presunção da sua veracidade e exactidão depende da verificação de dois requisitos: que sejam provenientes de aparelho com o número constante da lista oficial e que se mostrem assinadas pelo advogado ou solicitador. II - Da economia que preside à regulamentação do uso do equipamento de telecópia pelo Decreto-Lei n.28/92, de 27 de Fevereiro, e concretamente do n.2 do seu artigo 2, o decisivo para o uso legítimo desse meio de comunicação por parte de advogado é que o nome deste e o número do respectivo equipamento constem da lista oficial. III - Tem-se por legitimamente justificado o uso da telecópia para efeitos de interposição do recurso de impugnação previsto no artigo 59 do Decreto-Lei...
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