Acórdão nº 041883 de Supremo Tribunal de Justiça (Portugal), 25 de Setembro de 1991
Magistrado Responsável | MANSO PRETO |
Data da Resolução | 25 de Setembro de 1991 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR TRIB - DIR CUSTAS JUD.
Legislação Nacional: CONST89 ART20 N1 N2. DL 387-B/87 DE 1987/12/29 ART6 N2 ART15 ART16 ART18 N1 ART20 N1. CCJ62 ART110 ART183 N2 ART187 N1 N3 ART189 ART190 B ART192 N1 N2. CPP87 ART523 N2. DL 212/89 DE 1989/06/30 ART9. DL 78/87 DE 1987/02/17 ART7. CPC67 ART292 N1 N3.
Jurisprudência Nacional: AC STJ PROC39513 DE 1988/06/30. ASS STJ DE 1988/01/06.
Sumário : I - Segundo o artigo 20 da Constituição, todos têm direito à protecção jurídica e ao acesso aos tribunais para defesa dos seus direitos, não podendo a Justiça ser denegada por insuficiência de meios económicos. II - A lei de custas estipula determinado condicionalismo para a prática de certos actos de processo, incluindo os relativos aos recursos, que importa observar num sistema como o nosso em que a Justiça não é gratuita. III - A lei ordinária não pode frustrar a garantia constitucional do acesso ao direito, podendo, todavia, estabelecer um regime...
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