Acórdão nº 0261873 de Court of Appeal of Lisbon (Portugal), 14 de Novembro de 1990
Magistrado Responsável | ANTUNES GRANCHO |
Data da Resolução | 14 de Novembro de 1990 |
Emissor | Court of Appeal of Lisbon (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: PROVIDO.
Área Temática: DIR PROC PENAL. DIR NACION.
Legislação Nacional: L 37/81 DE 1981/10/03 ART1 N1 ART21 N1 ART27 ART40. DL 308-A/75 DE 1975/06/24 ART4. L 113/88 DE 1988/12/29 ARTÚNICO. DL 264-B/84 DE 1984/09/03 ART42 ART46 ART47 ART48.
Sumário: I - Organizado processo pelo Serviço de Estrangeiros do M. Ad. Interna, com vista à expulsão de arguido de nacionalidade angolana, alegando-se que entrou em Portugal vindo do Brasil e com visto de trânsito por 3 dias, permaneceu e permanece em Portugal sem tentar legalizar a sua situação junto daqueles Serviços e, sabendo que a sua permanência é ilegal e que nada o impede de regressar a Angola; e, remetido esse processo a juizo juntamente com o arguido; e, tendo MP requerido julgamento em processo sumário; - não podia o Sr. Juiz, colocado perante esta situação, ordenar o arquivamento dos autos, com o único fundamento de que face à Lei 37/81, o arguido é detentor de nacionalidade portuguesa originária que não se mostra ter perdido. II - É que, não obstante ter o arguido nascido em Angola em 1966 onde sempre viveu e vivem os seus familiares, houve sucessão de Estados e...
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