Acórdão nº 9640615 de Court of Appeal of Porto (Portugal), 06 de Novembro de 1996
Magistrado Responsável | TEIXEIRA PINTO |
Data da Resolução | 06 de Novembro de 1996 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: ALTERADO O REGIME DE SUBIDA DO RECURSO.
Área Temática: DIR PROC PENAL - RECURSOS.
Legislação Nacional: CPP87 ART406 N1 ART407 N1 D N2 N3.
Jurisprudência Nacional: AC RL DE 1978/10/10 IN CJ ANOIII PAG131. AC RC DE 1981/05/05 IN CJ T3 ANOVI PAG200. AC RL DE 1992/06/30 IN CJ T3 ANOXVII PAG254.
Sumário: I - Só se verifica a inutilidade absoluta do recurso quando, seja qual for a solução que o tribunal superior lhe deu, ele já é absolutamente inútil no seu reflexo sobre o processo, não o sendo aquele cujo provimento possa conduzir à eventual anulação do processado posterior à sua interposição. II - Deverá subir diferidamente, com o recurso da decisão que ponha termo à causa, o recurso do despacho do juiz que, em processo comum, em que o ofendido veio responder à contestação do pedido cível por si deduzido e ao mesmo tempo juntou documentos, julgou o articulado anómalo e, em...
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