Acórdão nº 96P1218 de Supremo Tribunal de Justiça (Portugal), 30 de Abril de 1997
Magistrado Responsável | MARTINS RAMIRES |
Data da Resolução | 30 de Abril de 1997 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR PROC PENAL - RECURSOS.
Legislação Nacional: CPP87 ART16 ART410 N2 C.
Jurisprudência Nacional: AC STJ PROC41091 DE 1990/09/19 IN AJ N10 PAG11. AC STJ DE 1991/10/16 IN BMJ N410 PAG610. AC STJ PROC42504 DE 1992/03/05. AC STJ PROC43303 DE 1993/03/11. AC STJ DE 1994/04/06 IN CJSTJ ANOII TII PAG185. AC STJ DE 1995/01/11 IN CJSTJ ANOIII TI PAG175. AC STJ PROC1188 DE 1996/12/11. AC STJ PROC1141 DE 1997/04/02.
Sumário : I - É jurisprudência corrente de há muito do STJ que existe erro notório na apreciação da prova quando se dão por provados factos que, face às regras da experiência comum e à lógica do homem médio, não se teriam podido verificar ou são contraditados por documentos que fazem prova plena e que não tenham sido arguidos de falsos, devendo tal vício resultar do texto da própria decisão recorrida, por si só ou conjugada com as regras da experiência comum. II - Não há violação da força...
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