Acórdão nº 9351034 de Court of Appeal of Porto (Portugal), 09 de Outubro de 1996
| Data | 09 Outubro 1996 |
| Órgão | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR PROC PENAL. DIR CRIM - CRIM C/ESTADO.
Legislação Nacional: CPP29 ART330 PAR2. CONST92 ART32 N1 N2 N5. CP82 ART437 N1 A B. DL 553/80 DE 1980/11/21 ART8 N1 ART35 N1 A C N2.
Sumário: I - O disposto no parágrafo 2º do artigo 330 do Código de Processo Penal de 1929 não contraria as garantias de defesa referidas no artigo 32 ns.1, 2 e 5 da Constituição da República pois o juiz não goza de um direito arbitrário de denegar a produção de provas. II - Para os efeitos do disposto no artigo 437 n.1 alíneas a) e b) do Código Penal de 1982 devem considerar-se funcionários o director e os professores de um colégio que, segundo o Estatuto do Ensino Particular e Cooperativo...
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