Acórdão nº 035774 de Supremo Tribunal de Justiça (Portugal), 30 de Janeiro de 1980
Magistrado Responsável | ALVES PEIXOTO |
Data da Resolução | 30 de Janeiro de 1980 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR CONST - DIR FUND. DIR INT PUBL - DIR PENAL INT. DIR PROC PENAL.
Legislação Nacional: CONST76 ART18 ART23 N4 ART115 ART207 ART280 ART282 ART293. CPP29 ART98 N1 ART145 ART160 PAR2 ART171 PARUNICO ART251 ART349 ART386 ART387 ART388 ART390 N2. DL 605/75 DE 1975/11/03 ART7. DL 437/75 DE 1975/08/16 ART8 N1 ART22 A C E ART24 N2 N4 ART28 N1 ART29 N1 N2 ART32 N2 ART37 N2 ART42 N3.
Referências Internacionais: CONV LUSO ESPANHOLA DE 1867/07/25 ART1 ART2 ART4 ART8. CONV LUSO ESPANHOLA DE 1875/12/15 ART3 N4 PARUNICO.
Sumário : I - A intervenção da autoridade judicial no processo de extradição e um imperativo constitucional, nos termos do n. 4 do artigo 23 da Constituição da Republica. Visa defender o extraditando da discricionariedade da Administração. II - Entre Portugal e a Espanha existe o tratado de extradição de 25 de Junho de 1867. Assim, nos seus termos e nos do n. 1 do artigo 1 do Decreto-Lei n. 437/75, de 16 de Agosto, o prazo de 25 dias previsto no paragrafo unico do artigo 3 do Diario do Governo, de 15 de Dezembro de 1875, adicional a Convenção de 1867, prefere ao de 15 dias previsto no n. 3 do artigo 42 daquele Decreto-Lei. III - Ultrapassada a fase administrativa do processo de extradição e encetada a judicial, o prazo de detenção do extraditando e o previsto no n. 1 do artigo 29 do Decreto-Lei n. 437/75 - 65 dias a contar da data em que foi efectivada. IV - Porem, a questão do prazo não pode ser objecto de recurso ja que o seu ambito ha-de ser gizado pelo do acordão recorrido e este, segundo o n. 2 do artigo 32, apenas podera decidir se o detido e ou não a pessoa reclamada e se se verificam ou não os pressupostos da extradição. V - A consulta ao Estado nacional do...
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