Acórdão nº 0322053 de Court of Appeal of Lisbon (Portugal), 23 de Junho de 1994
Magistrado Responsável | SANTOS MONTEIRO |
Data da Resolução | 23 de Junho de 1994 |
Emissor | Court of Appeal of Lisbon (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: PROVIDO. ANULADO O JULGAMENTO.
Indicações Eventuais: LUIS OSÓRIO IN COM COD PROC PENAL VOLUME V PAG250 VOLUME IV PAG618.
Área Temática: DIR PROC PENAL.
Legislação Nacional: CPP29 ART98 N1 ART380 ART381 ART 382 ART423 ART457 ART493 ART562 ART570 ART571. CCIV66 ART369 N1 ART371 N1 ART372 N2.
Jurisprudência Nacional: AC RL DE 1954/02/24 IN ACÓRDÃO DE ALBANO CUNHA 02719 E IN SUMÁRIOS JURIDICOS I 1950-1954 PAG539.
Sumário: I - A acta de audiência final é o modo de documentar a história do julgamento. É um documento autêntico oficial que faz prova plena não só do que se passou, mas de que só isso se passou, salvo arguindo-a de falsa. E assim é que, em reforço desse valor, se reputam omitidas formalidades ou actos processuais que dela não constem. II - A contestação, no processo de querela, é, obrigatoriamente, reduzida a escrito. Com o objectivo claro de assegurar a celeridade do julgamento. Deve ser exibida no prazo de 8 dias contados da notificação do despacho de pronúncia ou logo no início da audiência. Consequentemente, a apresentação da contestação por forma verbal, em julgamento de querela, carece de fundamento legal, sendo assim irregular o modo de exercício do direito de defesa. III - Não produz...
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