Acórdão nº 039989 de Supremo Tribunal de Justiça (Portugal), 05 de Julho de 1989 (caso NULL)
Magistrado Responsável | MAIA GONÇALVES |
Data da Resolução | 05 de Julho 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 PROC CIV. DIR PROC PENAL.
Legislação Nacional: CONST82 ART210 N2. CPP29 ART1 PARUNICO. CPC67 ART115 N1 ART117 ART120 ART121 N1.
Sumário : I - As decisões conflituantes de delegado do Procurador da Republica e de Juiz do Tribunal de Instrução Criminal, a atribuirem-se mutuamente competencia, negando a propria, configuram um conflito de jurisdição. II - O Ministerio Publico (no inquerito) e o juiz de instrução (na instrução) tem funções perfeitamente paralelas, cumprindo-lhes levar a cabo as diligencias de investigação que permitam conduzir a decisão de acusar ou de não acusar. III - Estando, neste aspecto, o juiz de instrução em pe de igualdade com o Ministerio Publico, seria incoerente e pouco curial a solução de se lhe permitir que impusesse...
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