Acórdão nº 96P027 de Supremo Tribunal de Justiça (Portugal), 21 de Março de 1996
Magistrado Responsável | SA NOGUEIRA |
Data da Resolução | 21 de Março de 1996 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR CRIM - CRIM C/SOCIEDADE / CRIM C/PESSOAS / TEORIA GERAL. DIR CONST - DIR FUND. DIR TRIB - DIR CUSTAS JUD.
Legislação Nacional: CP95 ART29 ART31 ART32 N6 ART71 ART131 ART132 ART146 ART158 ART201 ART239 ART241 ART243 ART244 ART245. DL 15/93 DE 1993/01/22 ART59. CONST89 ART29 ART32 N6. CPP87 ART126 N1 N2 A ART433. CP82 ART72. CCJ62 ART85 N1 ART188 N1 B ART194 N1 F ART195 N1. DL 423/91 DE 1991/10/30 ART13 N3.
Sumário : I - No que respeita ao pedido de abaixamento da punição, o mesmo, por natureza, não exige a indicação da norma jurídica violada, na medida em que se tem entendido que tal pedido mais não é que a indicação do entendimento do recorrente de que a medida da punição resultante da aplicação da norma incriminadora deve ser inferior àquela que foi concretamente aplicada e, assim corresponde também ao adequado cumprimento da lei no que se refere às exigências das conclusões dos recursos que versem matéria de direito. II - O artigo 32 da Constituição da República fere de nulidade as provas, em processo penal, obtidas mediante tortura, ofensas da integridade física ou moral das pessoas, abusiva intromissão na sua vida privada, no domicílio, na correspondência ou nas telecomunicações, mas deixa para a lei comum a determinação das situações que possam ser enquadráveis nas suas diversas previsões geradoras da...
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