Acórdão nº 97P981 de Supremo Tribunal de Justiça (Portugal), 20 de Novembro de 1997
Magistrado Responsável | SOUSA GUEDES |
Data da Resolução | 20 de Novembro de 1997 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR PROC PENAL - RECURSOS. DIR CRIM - CRIM C/PESSOAS. DIR PROC CIV - RECURSOS. DIR CONST - DIR FUND.
Legislação Nacional: CPC67 ART731 N2. CPP87 ART328 N6 ART410 N2 B C. CP95 ART22 ART23 ART73 ART74 ART131 ART132 C. CONST76 ART32 N5.
Jurisprudência Nacional: AC STJ PROC46856 DE 1994/09/15. AC TC DE 1997/06/25 IN DR DE 1997/08/05.
Sumário : I - O artigo 731, n. 2, do CPC, não consagra um novo julgamento, mas apenas a reforma da decisão anulada e não existe aí qualquer violação do artigo 32, n. 5, da CRP, relativa às garantias de defesa. II - O artigo 328, n. 6, do CPP, não tem aplicação quando o STJ ordena a baixa do processo para ser elaborado novo acórdão pelos mesmos juízes já que o mesmo artigo se refere tão-só ao princípio da continuidade da audiência. III - A questão da intenção de matar constitui matéria de facto, que escapa à sindicabilidade do STJ. IV - Não existe contradição insanável ou erro notório na apreciação da prova quando se dá como provado que o arguido estava em estado de embriaguez às 04h35m e não provado que o estivesse ainda às 07h00. V - Não é facto notório (nem contraria as regras da experiência) que um indivíduo embriagado às 04h35m ainda tem de o estar às 07h00, ou seja 2h25m mais tarde, tempo normal de uma digestão. VI - As circunstâncias do n. 2, do artigo 132, do...
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