Acórdão nº 044337 de Supremo Tribunal de Justiça (Portugal), 11 de Março de 1993
Magistrado Responsável | COELHO VENTURA |
Data da Resolução | 11 de Março de 1993 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
Acordam, "em conferência", no Supremo Tribunal de Justiça O Ministério Público junto do Tribunal da Relação de Lisboa veio interpôr "Recurso Extraordinário para fixação de jurisprudência" do Acórdão de 13/10/92 da mesma Relação, fotocopiado a fls. 19 a 23, alegando oposição "sobre a mesma questão de direito e no domínio da mesma legislação" entre o citado Acórdão então não transitado em julgado, como resulta de fls. 2A, 19, e do Douto Parecer do Exmo. Procurador Geral Adjunto de fls. 27 a 30, e o Acórdão de 1 Julho de 1992, também da Relação de Lisboa, este transitado em julgado, constante de fls. 7 a 17 verso. O presente Recurso foi interposto em 2 de Novembro de 1992, como se vê de fls. 2A, e o Acórdão Recorrido, como se vê de fls. 19, apenas transitou em julgado em 2 de Novembro de 1992, daí que, como bem salienta o Exmo. Procurador Geral Adjunto, o Recurso deva ser rejeitado, por intempestivo, já que, quando o acto de interposição do presente Recurso Extraordinário foi praticado, ainda se não tinha extinguido a instância, que culminou com o trânsito do Recorrido Acórdão de 13 de Outubro de 1992. O Recurso para a fixação de jurisprudência é interposto no prazo de 30 dias a contar do trânsito em julgado do Acórdão proferido em último lugar, - artigo 438 n. 1 do Código de Processo Penal - , e, no caso dos autos, a interposição do Recurso teve lugar quando a Instância ainda se não tinha extinguido, sendo certo que, depois de extinta por trânsito em julgado do Acórdão Recorrido, não se constata ter, dentro do prazo de 30 dias assinalado no...
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