Acórdão nº 045430 de Supremo Tribunal de Justiça (Portugal), 30 de Novembro de 1993
Magistrado Responsável | PINTO BASTOS |
Data da Resolução | 30 de Novembro de 1993 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR PROC PENAL - RECURSOS. DIR CRIM - TEORIA GERAL.
Legislação Nacional: CPC67 ART646 N4 ART712. CPP29 ART468.
Jurisprudência Nacional: AC STJ DE 1975/02/12 IN BMJ N244 PAG169. AC STJ DE 1967/11/08 IN BMJ N171 PAG215. AC STJ PROC42413 DE 1992/03/26.
Sumário : I - Por se tratar de matéria de facto alheia à sua competência, não é licíto ao Supremo Tribunal de Justiça anular, por deficientes, obscuras ou contraditórias, as decisões do tribunal colectivo. II - Apenas é questão de direito afecta ao Supremo, saber se a Relação fez uso dos poderes conferidos pelo artigo 712 do Código de Processo Civil, no sentido de apurar se a Relação infringiu ou não a lei, ao manter ou anular um julgamento de um tribunal colectivo. III - Para o efeito do disposto no artigo 646, n. 4 do mesmo diploma legal, a vaguidade ou imprecisão...
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