Acórdão nº 048279 de Supremo Tribunal de Justiça (Portugal), 20 de Março de 1996 (caso NULL)
Magistrado Responsável | LOPES ROCHA |
Data da Resolução | 20 de Março de 1996 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR CRIM - CRIM C/SOCIEDADE / CRIM C/PESSOAS / TEORIA GERAL. DIR PROC PENAL - RECURSOS.
Legislação Nacional: DL 15/93 DE 1993/01/22 ART21 N1 ART24 C ART35 ART36. CP82 ART72. CP95 ART40 N2 ART71 ART72. CPP87 ART127 ART186 ART355 ART374 N2 ART403 N3 ART410 N2 A B ART435 N3.
Jurisprudência Nacional: AC STJ DE 1995/11/08.
Sumário : I - A limitação do recurso a uma parte da decisão não prejudica o dever de retirar da procedência dele as consequências legalmente impostas relativamente a toda a decisão recorrida. II - As regras da experiência podem ser invocadas para se concluir pela insuficiência da matéria de facto dada como provada mas não o podem ser para se concluir pela contradição insanável da fundamentação, já que esta só pode resultar do próprio texto da decisão. III - Entende-se por "contradição", em lógica formal, o facto de afirmar e negar ao mesmo tempo qualquer coisa de uma mesma coisa. O princípio da "contradição" ou da "não contradição" pressupõe duas proposições contraditórias que não podem ser simultaneamente falsas ou verdadeiras. IV - Na violação...
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