Acórdão nº 040732 de Supremo Tribunal de Justiça (Portugal), 21 de Março de 1990
Magistrado Responsável | VASCO TINOCO |
Data da Resolução | 21 de Março de 1990 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO.
Indicações Eventuais: ALBERTO DOS REIS IN CODIGO DE PROCESSO CIVIL ANOTADO V5 PAG141.
Área Temática: DIR CRIM - CRIM C/PESSOAS. DIR PROC PENAL.
Legislação Nacional: CPC67 ART668 N1 C. CPP87 ART410 N2 B C. CP82 ART72 ART132 N1 N2 C.
Jurisprudência Nacional: AC STJ DE 1986/05/07 IN BMJ N357 PAG214. AC STJ DE 1983/11/30 IN BMJ N331 PAG380.
Sumário : I - A haver contradição entre os factos dados como provados e entre estes e os factos não provados, o vicio de que padece o acordão não e o previsto no artigo 668, n. 1 c) do Codigo de Processo Civil, mas antes o vicio a que se reporta o artigo 410, n. 2 alineas b) e c) do Codigo de Processo Penal. II - Para efeitos do disposto no artigo 132, n. 2 alinea c) do Codigo Penal, motivo futil e o que não tem valor ou importancia, o que e insignificante, irrelevante, sendo necessario porem que essa futilidade seja indice de especial censurabilidade ou...
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