Acórdão nº 0045163 de Court of Appeal of Lisbon (Portugal), 02 de Julho de 1997
Magistrado Responsável | SANTOS CARVALHO |
Data da Resolução | 02 de Julho de 1997 |
Emissor | Court of Appeal of Lisbon (Portugal) |
N Privacidade: 1 Meio Processual: INCIDENTE.
Decisão: DECIDIDO NÃO TOMAR CONHECIMENTO.
Área Temática: DIR PROC PENAL.
Legislação Nacional: CPP97 ART135 N2 N3.
Sumário: I - Tendo em atenção que a intervenção do tribunal superior, salvo quando julga em primeira instância (o que é excepcional), traduz-se sempre numa reapreciação de uma decisão da instância inferior, considerando ainda que o juiz perante o qual o incidente se suscita não pode ter uma "capitis diminutio" tão grande que está impedido de decidir, como se estivesse tolhido e nada fosse com ele, o sentido do disposto nos números 2 e 3 do artigo 135 do CPP deve ser interpretado do seguinte modo: - a autoridade judiciária perante a qual o incidente se manifestar averigua, em primeiro lugar, se a escusa provém de membro de profissão abrangida pelo sigilo e se a situação, considerada em abstracto, integra tal dever de sigilo, designadamente ouvindo o organismo representativo da profissão (n. 5 do art. 135 do CPP); caso tal não aconteça, ordena, ou requer ao tribunal que ordene...
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