Acórdão nº 040837 de Supremo Tribunal de Justiça (Portugal), 21 de Março de 1990
| Magistrado Responsável | FERREIRA VIDIGAL |
| Data da Resolução | 21 de Março de 1990 |
| Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: ANULADA A DECISÃO.
Área Temática: DIR PROC PENAL.
Legislação Nacional: CE54 ART5 N3 ART67. CP82 ART14. CCIV67 ART9 N3. CONST82 ART32 N7. DL 46237 DE 1965/05/10 ART1 N1. CPP29 ART440 ART460. LOTJ77 ART18 ART47 ART50 ART51. LOTJ87 ART18 ART79 B ART81. CPC67 ART63. DL 78/87 DE 1987/02/17 ART2 N2 ART7.
Sumário : I - A competencia fixa-se no momento em que a acção e proposta - artigo 32, n. 7, da Constituição da Republica Portuguesa - sendo irrelevantes os factos ocorridos posteriormente e as modificações de direito. II - Constitui entre outras excepção a regra a extinção do orgão a que a causa estava afecta - artigo 63, n. 2 do Codigo de Processo Penal. III - Com a nova Lei Organica dos Tribunais Judiciais (Lei 38/77, de 23 de Dezembro), e respectiva regulamentação (Decreto-Lei 214/88, de 17 de Junho) deixam de existir os tribunais colectivos nas circunscrições judiciais e foram criados os tribunais de circulo. IV - Assim, devera ser deferida ao...
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