Acórdão nº 040044 de Supremo Tribunal de Justiça (Portugal), 31 de Maio de 1989
| Magistrado Responsável | VILLA NOVA |
| Data da Resolução | 31 de Maio de 1989 |
| Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: CONFLITO JURISDIÇÃO.
Decisão: DECLARAÇÃO DE COMPETENCIA.
Área Temática: DIR CONST - PODER POL. DIR JUDIC - ORG COMP TRIB. DIR PROC PENAL. DIR PROC CIV.
Legislação Nacional: CONST82 ART210 N2. L 38/87 DE 1987/12/23 ART28 N3 F ART59 N1. CPP29 ART1 PARUNICO ART160. CPP87 ART48 ART49 ART50 ART85 ART241. CPC67 ART115. DL 605/75 DE 1975/11/03 ART1 N3 ART2 ART3 ART4. DL 78/87 DE 1987/02/17 ART7 N1. L 17/87 DE 1987/06/01.
Sumário : I - Não obsta a existencia de conflito de jurisdição a circunstancia de o Agente do Ministerio Publico junto do Tribunal de Instrução Criminal não ter impugnado o despacho do respectivo juiz, uma vez que dai resultou, afinal, a verificação de um dos pressupostos do conflito - cfr. artigo 115, n. 3, do Codigo de Processo Penal, aplicavel ex vi do artigo 1, paragrafo unico, do Codigo de...
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