Acórdão nº 0061835 de Court of Appeal of Lisbon (Portugal), 23 de Novembro de 1993
| Magistrado Responsável | ADOLFO DE CASTRO |
| Data da Resolução | 23 de Novembro de 1993 |
| Emissor | Court of Appeal of Lisbon (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR PROC PENAL.
Legislação Nacional: CPP87 ART193 ART201 ART204 ART212. CONST76 ART28 N2.
Sumário: I - A liberdade provisória não é um sucedâneo da prisão preventiva, mas antes a situação normal de qualquer arguido que, só nas circunstâncias concretas do caso pode ser substituída pela prisão preventiva; II - A prisão preventiva só deve ser aplicada quando se revelem inadequadas ou insuficientes as outras medidas de coacção; III - Sendo o arguido pequeno traficante, actuando com a finalidade de obter droga também para consumo pessoal, por ser toxicodependente, é de concluir não só pela diminuição da ilicitude do facto, como também da culpa do arguido...
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