Acórdão nº 042071 de Supremo Tribunal de Justiça (Portugal), 31 de Outubro de 1991
Magistrado Responsável | SA NOGUEIRA |
Data da Resolução | 31 de Outubro de 1991 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: PROVIDO.
Área Temática: DIR PROC PENAL.
Legislação Nacional: CPP29 ART148 ART149 ART150.
Jurisprudência Nacional: ASS STJ DE 1977/11/09 IN DR 1977/12/27.
Sumário : I - Os principios que regem o caso julgado penal não se articulam adequadamente com as regras do caso julgado civel que, assim, lhe são inaplicaveis. II - O Codigo de Processo Penal vigente não regulou os efeitos do caso julgado penal por entender que a sede propria para o fazer e a lei penal substantiva. III - Tal omissão deve ser suprida pelo recurso aos principios gerais do processo penal, fruto de longa e elaborada evolução e que se encontram consignadas no Codigo de...
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