Acórdão nº 042341 de Supremo Tribunal de Justiça (Portugal), 09 de Janeiro de 1992
Data | 09 Janeiro 1992 |
Órgão | http://vlex.com/desc1/1997_01,Supreme Court of Justice (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: ANULADA A DECISÃO.
Área Temática: DIR PROC PENAL - RECURSOS. DIR CONST - DIR FUND / GARANTIAS ADMI.
Legislação Nacional: CE54 ART59 B. CPP29 ART1 PARUNICO ART665 ART666 NA REDACÇÃO DO D 20147 DE 1931/08/01. CONST82 ART32 N1. CPC67 ART201 N2 ART668 N1 D.
Jurisprudência Nacional: ASS STJ DE 1934/06/29 IN DR IS 1934/07/11. AC TC 401/91 DE 1991/10/30 IN DR IS 1992/01/08. AC STJ PROC42039 DE 1991/09/19. AC STJ PROC42091 DE 1991/10/17.
Sumário : I - O Acordão n. 401/91 de 30 de Outubro de 1991 do Tribunal Constitucional declarou a inconstitucionalidade com força obrigatoria geral da norma do artigo 665 do Codigo de Processo Penal de 1929, na interpretação que lhe foi dada pelo Assento do Supremo Tribunal de Justiça de 29 de Junho de 1934, por violação do disposto no artigo 32 n. 1 da Constituição. II - Limitando-se o acordão da Relação a transcrever a materia factica considerada provada pelo acordão recorrido da 1...
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