Acórdão nº 8027/06.2TXLSB-A.L1-3 de Court of Appeal of Lisbon (Portugal), 01 de Março de 2010
Data | 01 Março 2010 |
Órgão | Court of Appeal of Lisbon (Portugal) |
S Meio Processual: RECURSO PENAL Decisão: NEGADO PROVIMENTO Sumário: I - As decisões que concedam, denegam ou revogam a liberdade condicional, apesar de serem formalmente despachos, conforme arts 485º/6 e 486º/4 do CPP, devem conter os requisitos das sentenças, por aplicação/integração analógica permitida em processo penal, nos termos do disposto no art. 4º do CPP. II - Com efeito, a concessão ou não da liberdade, exige uma fundamentação adequada em tudo idêntica às sentenças pois implica uma ponderação cuidada de cada caso, que não se compadece com uma fundamentação superficial que fique aquém do que exige o disposto no art.º 374º/2 do CPP, além do mais, porque só este tipo de fundamentação permite que a decisão seja verdadeiramente sindicável em sede de recurso. III - Só um tal entendimento permite dar verdadeiro significado e sentido à possibilidade de recurso destes despachos, consagrada legalmente, como se referiu, pela reforma operada pela Lei 48/2007, de 29/08, que, assim, veio corrigir a inconstitucionalidade apontada pelo acórdão do TC com o n.º 638/2006, este fazendo eco da doutrina que reclamava este direito para os reclusos.
IV - Tal como acontece na suspensão da execução da pena, também no instituto da liberdade condicional faz o tribunal uma prognose social favorável quanto ao condenado no sentido de que, uma vez em liberdade, conduzirá a sua vida de modo socialmente responsável, sem cometer crimes (art. 61º, n.º 2 do CP), pelo que “deverão ser tidos em conta, nomeadamente as concretas circunstâncias do facto, a vida do agente e a sua personalidade, e também a evolução da personalidade durante a execução da prisão”.
V - Com efeito, a aferição da personalidade durante a execução da pena constitui...
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