Acórdão nº 97P612 de Supremo Tribunal de Justiça (Portugal), 22 de Outubro de 1997
Magistrado Responsável | JOAQUIM DIAS |
Data da Resolução | 22 de Outubro de 1997 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO.
Indicações Eventuais: GOMES CANOTILHO E VITAL MOREIRA IN CONST REPÚBLICA PORTUGUESA ANOT NOTA3 ART32.
Área Temática: DIR PROC PENAL - RECURSOS. DIR CRIM - TEORIA GERAL. DIR CONST - DIR FUND.
Legislação Nacional: CP82 ART40 ART71 N1 N2 ART72 ART73 N2 D ART78. CPP87 ART127 ART344 ART374 N2 ART410 N2 A B C ART412 N2 ART426 ART433 ART436. CONST97 ART32 N2. CP95 ART206 N1 N4 B N5.
Jurisprudência Nacional: AC STJ DE 1984/07/18 IN BMJ N338 PAG287.
Sumário : I - Característica comum a todos os vícios da sentença enumerados no artigo 410 n. 2 do CPP, além de serem de conhecimento oficioso, são o de fundamentarem o reenvio do processo para outro julgamento (artigos 426 e 436 do CPP) e resultarem do texto da decisão recorrida, por si só ou conjugada com as regras da experiência comum. II - A insuficiência da matéria de facto para a decisão determina a formação incorrecta de um juízo porque a conclusão ultrapassa as premissas. III - A matéria de facto é insuficiente para fundamentar a solução de direito, se o tribunal não esgotou os seus poderes de indagação em matéria de facto. IV - A contradição insanável de fundamentação da sentença é um vício na construção das premissas, determinando a formação defeituosa da conclusão. Se as premissas se contradizem, a conclusão logicamente correcta é impossível, não passa de mera falácia. Este vício ocorre entre vários sectores, no mesmo plano: contradição entre factos provados e não provados; contradição entre factos provados e motivos de facto; contradição entre a indicação das provas e os factos provados; contradição entre a indicação das provas e os factos não provados...
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