Acórdão nº 0322143 de Court of Appeal of Lisbon (Portugal), 09 de Março de 1994
Magistrado Responsável | ANTUNES GRANCHO |
Data da Resolução | 09 de Março de 1994 |
Emissor | Court of Appeal of Lisbon (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: PROVIDO.
Área Temática: DIR CRIM. DIR PROC PENAL.
Legislação Nacional: CPP87 ART342 N1 N2 N3 ART399 ART401 N1 ART410 N2 N3 ART411 N1 N2 ART420 N4 ART428 N1 N2. CONST89 ART32 N1 N2 N5 ART207. DL 28/84 DE 1984/01/20 ART24 N1 C N2. CP82 ART15.
Referências Internacionais: CONV EUROPEIA DOS DIREITOS DO HOMEM ART6 ART7.
Sumário: I - Dos actos judiciais não se recorre, mas sim das decisões judiciais. II - Perante um acto judicial que aplique uma norma reputada de inconstitucional, deve o interessado suscitar previamente essa questão perante o Juiz provocando dessa forma uma decisão judicial que aprecie e decida a questão. III - Inexistindo decisão judicial, o...
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