Acórdão nº 039932 de Supremo Tribunal de Justiça (Portugal), 24 de Maio de 1989
Magistrado Responsável | VILLA NOVA |
Data da Resolução | 24 de Maio de 1989 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: CONFLITO JURISDIÇÃO.
Decisão: DECLARAÇÃO DE COMPÊTENCIA.
Área Temática: DIR JUDIC - CONFLITOS.
Legislação Nacional: CPP29 ART1 PARUNICO. LOTJ87 ART28 N3 F ART59 N1. DL 78/87 DE 1987/02/17 ART7 N1. L 17/87 DE 1987/06/01 ARTUNICO. DL 605/75 DE 1975/11/03 ART1 ART3 ART4. CPP87 ART5 N1 ART50 ART85 ART241. CPC67 ART115. CONST89 ART210 N2. CP82 ART306.
Jurisprudência Nacional: AC STJ PROC39741 DE 1989/04/26. AC STJ PROC39532 DE 1988/10/19. AC STJ PROC39649 DE 1988/11/02. AC STJ PROC38898 DE 1987/05/13.
Sumário : I - O Código do Processo Penal de 1929 não regulou o processo para a resolução dos conflitos o qual, por força do parágrafo único do seu artigo primeiro, tem de ser resolvido face ao disposto no artigo 115 do Código do Processo Civil. II - Nos termos do n. 1 do artigo 115 do Código do Processo Civil existe conflito de jurisdição quando o Delegado do Procurador da República declina a sua competência para proceder a inquérito preliminar e...
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