Acórdão nº 9610494 de Court of Appeal of Porto (Portugal), 20 de Novembro de 1996
Magistrado Responsável | MOURA PEREIRA |
Data da Resolução | 20 de Novembro de 1996 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC CONTRAORDENACIONAL.
Decisão: PROVIDO PARCIALMENTE. ANULADA A DECISÃO.
Área Temática: DIR ORDEN SOC. DIR PROC PENAL.
Legislação Nacional: DL 433/82 DE 1982/10/27 ART55 N2 ART58 ART27.
Sumário: I - A falta da assinatura do Presidente da Câmara no despacho que, na sequência de deliberação da Câmara para que os serviços de fiscalização «levantarem o respectivo processo de contra-ordenação:, nomeia o escrivão do processo para registar, autuar e demais termos legais, constitui mera irregularidade a reparar oficiosamente, a todo o tempo, nos termos do artigo 380 do Código de Processo Penal. E, por se tratar de despacho destinado a preparar a decisão final, não é sindicável judicialmente, visto que não colide com direitos ou interesses do arguido - - artigo 55 n.2 do Decreto-Lei 433/82, de 27 de Outubro. II - A inobservância do disposto no artigo 58 deste diploma não configura nulidade: a decisão condenatória não é equiparável a uma sentença, visto que, no caso de ser dela interposto recurso passa a valer como acusação - por isso que a falta não pode integrar-se na alínea a) do artigo 379 do Código de Processo Penal; não é verdadeira acusação nem em tal se converte se não houver impugnação...
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