Acórdão nº 9910045 de Court of Appeal of Porto (Portugal), 10 de Março de 1999 (caso NULL)
Magistrado Responsável | MELO LIMA |
Data da Resolução | 10 de Março de 1999 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: PROVIDO. REVOGADA A DECISÃO.
Área Temática: DIR CRIM - TEORIA GERAL. DIR PROC PENAL.
Legislação Nacional: CP95 ART115 N1. CPP87 ART104 N1. CCIV66 ART279 E ART296. CPC67 ART144 N3. DL 329-A/95 DE 1995/12/12 ART6 N2 NA REDACÇÃO DO DL 180/96 DE 1996/09/25.
Sumário: I - O instituto de queixa não se apresenta com uma natureza exclusivamente processual, havendo que distinguir no seu âmbito as normas processuais penais materiais ( que condicionam positivamente a responsabilidade penal ) e as normas exclusivamente processuais ou formais ( que estabelecem as formalidades do procedimento criminal ). II - Tendo as palavras injuriosas sido publicadas em 1 de Junho de 1997 e a queixa apresentada em tribunal no dia 2 de Dezembro de 1997, há que concluir ter sido atempadamente exercido, no prazo consignado no artido 115 n.1 do Código Penal ( 6 meses ), o respectivo direito de queixa, quer na ponderação de se tratar de um prazo peremptório substantivo em que, por terminar em dia feriado, se transferiu para o primeiro dia útil [ artigo 279 alínea e) do Código Civil ], quer na ponderação de um prazo adjectivo que se suspende em dia feriado ( artigo 144 n.3 do Código de Processo Civil, na redacção anterior ao Decreto-Lei n.329-A/95, de 12 de Dezembro, ex vi, dos...
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