Acórdão nº 9710546 de Court of Appeal of Porto (Portugal), 18 de Junho de 1997
Magistrado Responsável | MARQUES SALGUEIRO |
Data da Resolução | 18 de Junho de 1997 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: DECIDIDO NÃO TOMAR CONHECIMENTO. NEGADO PROVIMENTO.
Indicações Eventuais: O PROCESSO RECORRIDO É DA SEGUNDA SECÇÃO DO MINISTÉRIO PÚBLICO.
Área Temática: DIR PROC PENAL.
Legislação Nacional: CPC67 ART287 E. CPP87 ART202 N1 A.
Jurisprudência Nacional: AC STJ DE 1989/05/24 IN BMJ N387 PAG487.
Sumário: I - As decisões relativas a medidas de coacção são sempre susceptíveis de alteração em função da modificação das circunstâncias. Em relação a elas vigora o princípio da sua sujeição à condição « rebus sic stantibus :. II - Por isso, cada decisão que, no processo, aprecie e estabeleça as medidas de coacção adequadas às concretas circunstâncias do momento é ultrapassada pela decisão seguinte e perde actualidade. III - Assim, se o arguido interpôs recurso do despacho que, na sequência do seu interrogatório, lhe aplicou a medida de prisão preventiva por se ter considerado suficientemente indiciada a prática de um crime previsto e punido pelo artigo 21 n.1 do Decreto-Lei 15/93, de 22 de Janeiro e se haver julgado verificado justo e sério receio de continuação da actividade criminosa, de fuga à acção da justiça e, bem assim, de alarme social, esse recurso deve julgar-se inútil, excepto quanto à questão da indiciação do crime, se, em requerimento...
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