Acórdão nº 0276073 de Court of Appeal of Lisbon (Portugal), 18 de Março de 1992
Magistrado Responsável | NUNES RICARDO |
Data da Resolução | 18 de Março de 1992 |
Emissor | Court of Appeal of Lisbon (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: PROVIDO.
Indicações Eventuais: EDUARDO CORREIA IN CASO JULGADO E PODERES DE COGNIÇÃO DO JUIZ ED1963 PAG302 PAG352.
Área Temática: DIR CRIM - TEORIA GERAL.
Legislação Nacional: DL 78/87 DE 1987/02/17 ART7 N1. CP82 ART2 N2 ART26 ART313 ART314 A C. CP886 ART38 ART263 ART421 N4 ART451 N3. CPP29 ART138 ART139 ART444 ART447 ART663 PAR2.
Jurisprudência Nacional: AC STJ DE 1988/10/04 IN BMJ N380 PAG411.
Sumário: I - O critério de uma "cognição total" incidindo sobre o crime como uma violação jurídica concreta (cf, E. CORREIA, "Caso Julg. Pod. Cog. Juiz", páginas 339, 351, 359) compagina-se com a dos comandos das normas dos artigos 149 e 153 CPP29, que se ocupam, respectivamente, do "caso julgado absolutório pessoal" e do "caso julgado condenatório", enquanto os factos constituindo objecto da pronúncia "lato sensu" compreendem-se sob a alçada do julgado, já que a respeito deles se verificou cognição total, pelo que não podem ressurgir, à imagem da Fénix, das próprias cinzas, em subsequente processo. II - É o que, aqui, sucede quanto ao crime de "associação de malfeitores", descrito no artigo 263 CP886, uma vez que os factos exarados na pronúncia e sujeitos a julgamento no processo de querela n. 1106/79, hão- -de ter-se por decididos, ainda que de modo implícito, no acórdão de 29 de Julho de 1983, dada a natureza abrangente da cognição do julgador (cf, artigo 358 CPP87) não podendo repetir-se o mesmo aqui, motivo por que opera a...
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