Acórdão nº 97P935 de Supremo Tribunal de Justiça (Portugal), 12 de Novembro de 1997
Magistrado Responsável | MARTINS RAMIRES |
Data da Resolução | 12 de Novembro de 1997 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: ANULADA A DECISÃO.
Área Temática: DIR CRIM - TEORIA GERAL. DIR PROC PENAL - RECURSOS. DIR TRIB - DIR CUSTAS JUD.
Legislação Nacional: CP95 ART9. DL 401/82 DE 1982/09/23 ART4. CPP87 ART118 ART410 N2 A. DL 387-B/87 DE 1987/12/29 ART24 N2.
Jurisprudência Nacional: AC STJ DE 1987/04/08 IN BMJ N366 PAG450. AC STJ PROC46169 DE 1994/07/13. AC STJ PROC46245 DE 1994/04/12. AC STJ PROC46601 DE 1994/10/19. AC STJ PROC48274 DE 1995/10/12. AC STJ PROC48661 DE 1996/01/30. AC STJ PROC1129/96 DE 1997/01/15.
Sumário : I - O artigo 24, n. 2, do DL 387-B/87, de 29 de Dezembro, (na redacção do artigo 1 da Lei 46/96, de 3 de Setembro) ao dispor que "o prazo que estiver em curso no momento da formulação do pedido (de apoio judiciário) interrompe-se por efeito da sua apresentação e reinicia-se a partir da notificação do despacho que dele conhecer" reporta-se tão só a prazos para a prática de actos cuja realização depende necessariamente do deferimento do apoio peticionado. Se o acto pode ser praticado independentemente da concessão do apoio judiciário, a interrupção não se justifica, maxime em processo penal com arguidos presos. II - O DL 401/82, de 23 de Setembro, tem subjacente uma preocupação de instituição de um direito mais reeducador que sancionador, com adopção preferencial de medidas correctivas, desprovidas de efeitos estigmatizantes e, por força do seu artigo 4 com a atenuação...
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