Acórdão nº 734/07.TAPDL.L1-3 de Court of Appeal of Lisbon (Portugal), 02 de Dezembro de 2009
Magistrado Responsável | TELO LUCAS |
Data da Resolução | 02 de Dezembro de 2009 |
Emissor | Court of Appeal of Lisbon (Portugal) |
S Meio Processual: RECURSO PENAL Decisão: PROVIDO Sumário: I – O conceito de “falsidade” de testemunho não é unânime ao nível da jurisprudência dos tribunais da relação. Para os seguidores da “teoria objectiva” a falsidade afere-se pela conformidade com o acontecimento real a que se reporta. A consumação existe sempre que a declaração diverge da realidade objectiva. A verdade objectiva é a meta do processo, aquilo que se busca. Quando a narração do declarante se afasta do acontecido, isto é daquilo que o tribunal, em face da produção da prova tenha dado por acontecido, ela é falsa.
Para a tese contrária o tipo objectivo de falsidade de testemunho está preenchido sempre que a testemunha, sobre a mesma realidade, presta dois depoimentos antagónicos, ainda que não se apure qual deles é falso.
II – O despacho que rejeita...
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