Acórdão nº 041136 de Supremo Tribunal de Justiça (Portugal), 03 de Maio de 1991 (caso NULL)
Magistrado Responsável | SA PEREIRA |
Data da Resolução | 03 de Maio de 1991 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO. DECIDIDO NÃO TOMAR CONHECIMENTO.
Área Temática: DIR CRIM - TEORIA GERAL. DIR CIV - DIR RESP CIV. DIR PROC CIV.
Legislação Nacional: CPP29 ART646 N6. L 2138 DE 1969/03/14. DL 402/82 DE 1982/09/23. CE54 ART1 ART5 ART10 ART67. CCIV66 ART487 N1 ART493 N2.
Jurisprudência Nacional: AC STJ DE 1977/02/08 IN BMJ N264 PAG110. AC STJ DE 1980/11/29 IN BMJ N300 PAG316. AC STJ DE 1980/11/11 IN BMJ N301 PAG336. AC STJ DE 1984/01/04 IN BMJ N333 PAG295. AC STJ DE 1984/01/04 IN BMJ N333 PAG299. AC STJ DE 1987/01/06 IN BMJ N363 PAG488. AC STJ PROC40217 DE 1989/11/10 IN AJ ANO1 N3. AC STJ PROC40297 DE 1989/10/31 IN AJ ANO1 N2.
Sumário : I - Nada impede que possa transitar em julgado a parte decisoria penal e se discuta apenas o aspecto da indemnização; II - A acção civel penal amolda-se aos tramites do processo penal, não perdendo a sua autonomia, e esta deve afirmar-se sempre que não ponha em causa o interesse publico visado por aquele processo; III - Transitada, porem, a decisão penal, a autoridade do caso julgado abrange a existencia do facto danoso e a sua qualificação juridica, a forma da infracção, a ilicitude e a culpa; IV - A fixação da...
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