Acórdão nº 215/09 de Tribunal Constitucional (Port, 05 de Maio de 2009
Data | 05 Maio 2009 |
Órgão | http://vlex.com/desc1/2000_01,Tribunal Constitucional (Port |
ACÓRDÃO N.º 215/2009
Processo n.º 140/09
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Secção
Relator: Conselheiro Vítor Gomes
Acordam, em conferência, na 3ª Secção do Tribunal Constitucional
O recorrente reclama do despacho liminar do relator (fls. 4086) que procedeu à delimitação do objecto do recurso, na parte em que excluiu deste a questão de inconstitucionalidade da norma interpretativa [ ] de que em situações como a presente, onde o arguido não foi notificado pessoalmente da decisão condenatória proferida em 1ª instância e também não foi pessoalmente notificado da decisão condenatória proferida no Tribunal de Recurso, a imperiosidade prevista no artº 113º nº 9 do C.P.Penal, de notificação pessoal da sentença penal condenatória ao arguido, a par da notificação do seu advogado ou defensor, só ocorre quanto à sentenças ou acórdão proferidos pelos tribunais da 1ª instância, já que, quanto aos tirados em sede de recurso estes só são notificados aos recorrentes na pessoa dos seus mandatários ou defensores.
O fundamento da rejeição liminar desta questão consistiu em ter-se considerado que ela não fora suscitada...
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