Acórdão nº 041791 de Supremo Tribunal de Justiça (Portugal), 11 de Julho de 1991
Data | 11 Julho 1991 |
Órgão | http://vlex.com/desc1/1997_01,Supreme Court of Justice (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: PROVIDO.
Área Temática: DIR PROC PENAL.
Legislação Nacional: CPP87 ART12 N1 N2 ART68 N1 N3 ART70 N2 ART427 ART428.
Jurisprudência Nacional: ASS STJ DE 1963/02/01 IN BMJ N124 PAG414.
Sumário : I - Apesar de a lei determinar que os Tribunais das Relações julgam em ultima instancia os processos que a eles sobem em recurso (artigo 427, 428 a contrario, 12, n. 1 e 2, do Codigo de Processo Penal de 1987), devera sempre ser admitido recurso para o Supremo Tribunal de Justiça de decisões proferidas pelas Relações se o respectivo fundamento for o de ofensa ou violação do caso julgado. II - Ao abrigo do Codigo de Processo Penal de 1929 e respectiva legislação complementar, o despacho que admitia alguem como assistente não fazia caso julgado. III - Segundo o Codigo de Processo Penal actual o despacho que admite alguem como assistente ainda que se refira de forma generica a legitimidade do requerente faz caso julgado quanto a essa mesma...
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