Acórdão nº 036585 de Supremo Tribunal de Justiça (Portugal), 25 de Fevereiro de 1982
Magistrado Responsável | ALVES PEIXOTO |
Data da Resolução | 25 de Fevereiro de 1982 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: CONFLITO JURISDIÇÃO.
Decisão: DECLARAÇÃO DE COMPETENCIA.
Área Temática: ORG COMP TRIB. DIR MIL - CRIM MIL. DIR PROC PENAL. DIR CONST - - DIR FUND / PODER POL. DIR JUDIC - EST MAG / EST PESSOAL ADM.
Legislação Nacional: CONST76 ART31 N1 ART218 N1 ART293 N2 ART309 ART313. L 82/77 DE 1977/12/06 ART29 N1 D. L 85/77 DE 1977/12/13 ART175. CPP29 ART325. D 35043 DE 1945/10/20. D 39497 DE 1953/12/31 ART1 ART18 PARUNICO ART55 N1 ART56 A ART57 ART96. DL 40118 DE 1955/04/06 ART5 N3 ART6 G ART13. DL 320/76 DE 1976/05/04. CJM77 ART86 ART88 ART94 B C D ART95 ART226 ART313 ART372 N1. RDM77 ART3 ART4 N22 ART11 ART115 ART120. EDF79 ART76.
Sumário : I - O foro competente para decidir o pedido de habeas corpus determina-se atendendo a qualidade do detentor e não a qualidade pessoal do detido porquanto: a) regulamentando a mesma materia os artigos 325 do Codigo de Processo Penal ( na redacção dada pelo Decreto-Lei n. 320/76, de 27 de Maio), e 372, n. 1, do Codigo de Justiça Militar, este ultimo, porque posterior e de acordo com os principios constitucionais que impõem a delimitação jurisdicional pelo foro material, revogou o primeiro; b) embora o processo se não destine a reprimir o abuso de quem mandou prender, se se reconhece tal abuso, esta ja a fornecer-se dados para a presecução disciplinar ou mesmo criminal do responsavel, pelo que, sob...
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