Acórdão nº 97P552 de Supremo Tribunal de Justiça (Portugal), 24 de Setembro de 1997
Magistrado Responsável | ANDRADE SARAIVA |
Data da Resolução | 24 de Setembro de 1997 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR CRIM - CRIM C/PATRIMÓNIO / TEORIA GERAL. DIR CONST - DIR FUND. DIR PROC PENAL - RECURSOS.
Legislação Nacional: CPP87 ART127 ART147 ART364 ART389 ART409 N1 ART410 N2 A B C N3 ART433. CONST89 ART32. CP95 ART30 N2 ART204 N2 F ART210 N1 N2 B. L 43/86 DE 1986/10/26.
Referências Internacionais: PACTO INTERNACIONAL SOBRE DIR CIV E POL ART14 N5. CONV EUR DOS DH PROT N7.
Jurisprudência Nacional: AC STJ DE 1990/11/07 IN BMJ N401 PAG422. AC STJ DE 1992/09/07 IN BMJ N419 PAG589. AC STJ PROC48546 DE 1995/11/15. AC STJ PROC31/96 DE 1996/06/17. AC STJ DE 1994/06/16 IN CJSTJ ANOII TII PAG252. AC STJ DE 1989/11/15 IN BMJ N391 PAG339. AC RP DE 1988/03/09 IN BMJ N375 PAG444. AC TC 141/94 DE 1994/01/26.
Sumário : I - Erro notório tem de resultar do texto da decisão recorrida, por si só ou conjugada com as regras da experiência comum. Sem a presença do conteúdo da prova produzida em audiência não pode o tribunal de recurso comparar esta com a factualidade enumerada para concluir se esta é ou não o corolário lógico daquela e averiguar se houve erro e se este é notório. II - O tribunal de recurso pode verificar a existência do vício do erro notório na apreciação da prova se tiver acesso directo às provas produzidas em audiência, o que acontece quando as declarações orais prestadas nesta fase processual são documentadas ou quando existem provas com força probatória...
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