Acórdão nº 039856 de Supremo Tribunal de Justiça (Portugal), 25 de Janeiro de 1989
Magistrado Responsável | BARBOSA DE ALMEIDA |
Data da Resolução | 25 de Janeiro de 1989 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR CRIM - TEORIA GERAL / CRIM C/SOCIEDADE. DIR PROC CIV. DIR PROC PENAL. DIR CONST - DIR FUND / PODER POL. DIR JUDIC - ORG COMP TRIB.
Legislação Nacional: CONST82 ART32 N1 ART210 N1. CP82 ART14 N1 ART26 ART46 N3 ART72. CPP29 ART1 PARUNICO ART174 ART365 ART469 ART663 ART665 ART666. CPC67 ART653 N1 N2 ART729. CPP87 ART17 ART374 N2. DL 78/87 DE 1987/02/17 ART7 N1. L 82/77 DE 1977/12/06 ART59. DL 269/78 DE 1978/09/01 ART8. DL 430/83 DE 1983/12/13 ART23 N1 ART27 C G H. L 38/87 DE 1987/12/18 ART29 ART58 ART59.
Referências Internacionais: CEDH ART6 N1.
Jurisprudência Nacional: AC TC DE 1984/03/25 IN ACTC V5 PAG461.
Sumário : I - A coincidencia entre o juiz de pronuncia e de julgamento não ofende a estrutura acusatoria do processo criminal, nem o principio do contraditorio da audiencia de julgamento e do acto instrutorio, não havendo colisão entre o disposto nos artigos 365 do Codigo de Processo Penal de 1929, 59 da Lei n. 82/77, de 6 de Dezembro, e 8 do Decreto-Lei n. 269/78, de 1 de Setembro, e o que estabelecem os artigos 32, n. 1, da Constituição da Republica Portuguesa, e 6, n. 1, da Convenção Europeia dos Direitos do Homem. II - O artigo 665 do Codigo de Processo Penal de 1929 e o Assento do Supremo Tribunal de Justiça de 26 de Junho de 1934, que estabelecem os poderes de cognição das Relações com a restrição em materia de facto baseada em...
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