Acórdão nº 039516 de Supremo Tribunal de Justiça (Portugal), 22 de Junho de 1988
Magistrado Responsável | ANTONIO POÇAS |
Data da Resolução | 22 de Junho de 1988 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR PROC PENAL. DIR CRIM - CRIM C/PESSOAS.
Legislação Nacional: DL 84/84 DE 1984/03/16 ART5 N3 ART48 N1 M ART81 N1 A B C D N2 - N5. CP82 ART184 ART185. CPC67 ART519 N1 N2. CPP29 ART215. CONST82 ART2 ART18 ART24 ART206 ART208 ART210 N2 ART286.
Sumário : I - O dever de colaboração com a justiça, preconizado em termos gerais no n. 1 e parte do n. 2 do artigo 519 do Codigo de Processo Civil e artigo 215 do Codigo de Processo Penal de 1929, sofre limitações excepcionalmente admitidas pelo legislador, as quais respeitam a situações em que a pessoa que devia depor esta obrigada a guardar segredo de factos chegados ao seu conhecimento atraves do exercicio da respectiva profissão e que, dados a conhecer, prejudicam o Estado ou terceiro. II - Estão nas condições referidas, entre outros profissionais, os advogados, como se infere do artigo 81 do Decreto-Lei n. 84/84, de 16 de Março, dispondo o n. 5 daquele artigo 81 que não podem fazer prova em juizo as declarações feitas pelo advogado com violação do segredo profissional. III - Não constitui violação daquela norma legal e, designadamente, da alinea d) do respectivo n. 1, a revelação em processo de factos conhecidos pelo advogado no ambito de negociações para acordo amigavel, quando respeitantes a contraparte e em relação aos quais foi o advogado solicitado a pronunciar-se profissionalmente, nem dizem respeito a pendencia. IV - Compete a Ordem dos Advogados, pelo seu Presidente do Conselho...
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