Acórdão nº 9610912 de Court of Appeal of Porto (Portugal), 04 de Junho de 1997
Data | 04 Junho 1997 |
Órgão | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC CONTRAORDENACIONAL.
Decisão: PROVIDO. REVOGADA A DECISÃO.
Área Temática: DIR ORDEN SOC. DIR PROC PENAL.
Legislação Nacional: DL 433/82 DE 1982/10/27 ART32 ART41 ART53 ART59 N2. CCIV66 ART260 N1 ART268 N1. CPC67 ART40 N1 N2.
Jurisprudência Nacional: AC RL DE 1973/11/09 IN BMJ N231 PAG250.
Sumário: I - Na fase administrativa do processo das contra-ordenações, a autoridade administrativa só deve nomear defensor ao arguido, oficiosamente ou a requerimento deste, " sempre que as circunstâncias do caso revelarem a necessidade ou a conveniência de o arguido ser assistido ", isto é, apenas naqueles casos que se revelam particularmente complexos, seja no plano fáctico, seja no jurídico. II - Não é obrigatória a assistência do arguido por advogado na fase judicial do processo das contra-ordenações em 1ª instância, pelo que, ainda que tivesse sido o próprio arguido a deduzir o recurso de impugnação, não se impunha ao juiz nomear-lhe defensor oficioso. III - Tendo o...
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