Acórdão nº 036959 de Supremo Tribunal de Justiça (Portugal), 18 de Maio de 1983
Magistrado Responsável | COSTA FERREIRA |
Data da Resolução | 18 de Maio de 1983 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: CONFLITO COMPETENCIA.
Decisão: DECLARAÇÃO DE COMPETENCIA.
Área Temática: DIR JUDIC - CONFLITOS.
Legislação Nacional: CPP29 ART159 PAR1. L 25/81 DE 1981/08/21 ART5 N1 N2. DL 458/82 DE 1982/11/24 ART6 N1. CPC67 ART121.
Sumário : I - Se o juiz de instrução, invocando o disposto no paragrafo 1 do artigo 159 do Codigo de Processo Penal, na redacção dada pela Lei n. 25/81, de 21 de Agosto, requisita diligencias de instrução a Policia Judiciaria e este organismo se declara incompetente, não se configura um verdadeiro conflito negativo de jurisdição ou de competencia. II - Porem, criou-se uma situação que, embora não enquadravel em qualquer das alineas do artigo 121 do Codigo de Processo Civil, carece de resolução a fim de se sair do impasse ou paralisia da relação processual. III - Fora da area das comarcas em que a Policia Judiciaria possui departamentos, a sua competencia apenas abrange a investigação de crimes enumerados no n. 1 do artigo 5, a investigação que lhe tenha sido deferida pelo Procurador-Geral da Republica, nos termos do n. 2 daquele preceito e a investigação dos crimes relativos a...
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