Acórdão nº 039062 de Supremo Tribunal de Justiça (Portugal), 07 de Outubro de 1987
| Data | 07 Outubro 1987 |
| Órgão | http://vlex.com/desc1/1997_01,Supreme Court of Justice (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR CRIM - TEORIA GERAL / CRIM C/PATRIMONIO. DIR CONST - DIR FUND.
Legislação Nacional: CONST82 ART29. CP886 ART6 N2 ART125 N2 PAR2 PAR4 N1 ART423. CP82 ART2 N4 ART117 N1 C ART120 N3 ART228 N1 N2 ART305 N1 N2. DL 274/75 DE 1975/06/04 ART1 N1.
Jurisprudência Nacional: AC STJ DE 1984/01/09 IN BMJ N333 PAG242. AC STJ DE 1984/12/05 IN BMJ N342 PAG182. AC STJ DE 1985/07/17 IN BMJ N349 PAG280.
Sumário : I - Perante o nosso direito positivo, parece de admitir que o instituto da prescrição tem natureza predominantemente substantiva ou mista. II - Quer o n. 4 do artigo 29 da Constituição da Republica quer o n. 4 do artigo 2 do Codigo Penal de 1982, consagram a retroactividade da lei criminal mais favoravel ao agente, nesta se incluindo a lei respeitante ao instituto da prescrição. III - A "acusação em juizo" que, a face do Codigo Penal de 1886 (artigo 125, paragrafo 4, n. 1), interrompia o curso da prescrição...
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