Acórdão nº 9640215 de Court of Appeal of Porto (Portugal), 18 de Setembro de 1996
Magistrado Responsável | TEIXEIRA PINTO |
Data da Resolução | 18 de Setembro de 1996 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR CRIM - CRIM C/PESSOAS. DIR PROC PENAL.
Legislação Nacional: CP82 ART114 N3. DL 85-C/75 DE 1975/02/25 ART26. EOADV84 ART81. CPP87 ART135 N1.
Jurisprudência Nacional: AC RL DE 1987/03/25 IN CJ T2 ANOXII PAG173. AC RC DE 1993/01/20 IN CJ T1 ANOXVIII PAG64.
Sumário: I - O segredo profissional a que o advogado é obrigado nos termos do artigo 81 do Estatuto da Ordem dos Advogados pode ser quebrado quando isso for absolutamente necessário para a defesa da dignidade, direitos e interesses legítimos do próprio advogado ou do cliente ou seus representantes. II - Nem tudo o que vem ao conhecimento do advogado, no âmbito das relações profissionais que estabelece com os seus clientes, constitui segredo profissional. Só o advogado e os seus clientes poderão definir o que, dentro da factualidade tratada, assume ou não carácter sigiloso. Se o advogado prestou declarações, apesar do disposto no artigo 135 n.1 do Código de Processo Penal, terá de admitir-se que essas declarações não violam o dever de sigilo. III - Consumado o crime de abuso de...
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