Acórdão nº 5240/08.1TDLSB-A.L1-5 de Tribunal da Relação de Lisboa, 25 de Fevereiro de 2009
Magistrado Responsável | LUIS GOMINHO |
Data da Resolução | 25 de Fevereiro de 2009 |
Emissor | Tribunal da Relação de Lisboa |
I - Relatório: I - 1.) Inconformado com o despacho melhor constante de fls. 82/3, no qual o Mm.º Juiz do 3.º Juízo de Instrução Criminal de Lisboa indeferiu o arresto preventivo por si requerido em relação às contas bancárias tituladas pelo denunciado W. no Banco BBVA e BES, apresentou R. - que nos autos se apresenta como ofendido e denunciante - recurso que se encaminhou a esta Relação.
Não foi apresentada qualquer resposta.
Aqui recepcionado e redistribuído na espécie própria, o Exm.º Sr. Procurador-Geral Adjunto limitou-se a pôr-lhe o seu visto.
Conforme decorre do antecedente despacho preliminar, entendeu o Relator ser aquele de rejeitar.
Cumpre então apreciar e decidir, o que se faz sob a forma a decisão sumária, nos termos do art. 417.º, n.º 6, al. b), do Cód. Proc. Penal.
II - 1.) É o seguinte o teor do despacho "recorrido": «Por requerimento de fls. 9 veio o ofendido R. requer o arresto preventivo, nos termos do Art. 228°, do C.P.P., dos saldos das contas bancárias tituladas pelo denunciado W. constantes do Banco SSVA e do BES, cujo número identifica.
Para o efeito alegou que transferiu para contas bancárias tituladas pelos denunciados W. e N. a quantia de trezentos mil euros com o objectivo de se associar aos denunciados para participar em projectos que lhe foram apresentados como fiáveis, designadamente relativos à construção de uma Pousada e "barraca" de Praia, sendo que os denunciados ficaram com tal quantia econ6mica sem que o denunciante tivesse participado em quaisquer projectos.
Ouvido o M.ºP.º, a fls.91, não se opôs ao requerido.
Cumpre decidir.
Na realidade, dos autos apenas consta a participação do denunciante/assistente e cópia de alguns documentos, designadamente de dois cheques que foram devolvidos por falta de provisão, de processos que correm contra o denunciado W. ou contra empresas onde este participe e de notícias de jornais.
Porém, para que o arresto preventivo possa ser decretado tem de haver indícios da existência de crédito, por um lado; e indícios de prova do fundado receio de perda da garantia patrimonial.
No caso dos autos, não existe qualquer elemento de prova a confirmar as alegadas transferências bancárias, desconhecendo-se, em termos probatórios, qual tenha sido o negócio jurídico que justificou a emissão dos cheques cujas cópias se mostram juntas aos autos.
Assim, desde logo, não existe prova suficiente da existência de crédito por parte do assistente, pelo que, sem qualquer acto investigatório...
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