Acórdão nº 036955 de Supremo Tribunal de Justiça (Portugal), 04 de Maio de 1983
Magistrado Responsável | ALVES PEIXOTO |
Data da Resolução | 04 de Maio de 1983 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: CONFLITO JURISDIÇÃO.
Decisão: DECLARAÇÃO DE COMPETENCIA.
Área Temática: DIR CONST - DIR FUND. DIR MIL - CRIM MIL. DIR JUDIC - ORG COMP TRIB.
Legislação Nacional: CONST76 ART32 N7. L 82/77 DE 1977/12/06 ART18 N2. CJM77 ART1 ART2 ART309. DL 207-A/75 DE 1975/04/17 ART3 N1 D ART6. DL 651/75 DE 1975/11/19. DL 145-B/77 DE 1977/04/09 ART1.
Jurisprudência Nacional: AC CC DE 1977/05/26 IN BMJ N268 PAG99.
Sumário : I - Do principio da legalidade tambem decorre a regra de que o delinquente deve ser julgado pelo tribunal legalmente competente a data dos factos. II - E irrelevante a modificação que posteriormente sofra a lei da competencia, salvo o caso de extinção da dita jurisdição natural. III - Entre dois possiveis sentidos de uma norma, deve optar-se por aquele que a põe conforme a Constituição. IV - A instrução e julgamento de um crime de uso de arma proibida, previsto no artigo 3, n. 1, alinea d), do Decreto-Lei n. 207-A/75, de 17 de Abril, e praticado em 17 de Setembro de 1975, pertencia a jurisdição comum, não se verificando conexão...
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