Relatório de estágio curricular no Juízo Central Criminal de Lisboa. A recusa de depoimento em processo penal:

• Autor(a) principal: Fernandes, Inês Mariana Morais
• Data de Publicação: 2023
• Tipo de documento: Dissertação
• Idioma: por
• Título da fonte: Repositório Científico de Acesso Aberto de Portugal (Repositórios Cientìficos)
• Texto Completo: http://hdl.handle.net/10362/162132
• topic: Ratio; Recusa de depoimento; Prática judiciária; Acórdãos dissidentes; Refusal of testimony; Judicial practice; Dissenting judgments; Direito

This report comes as a product of the curricular internship carried out at the Central Criminal Court of Lisbon, for four months. During the internship, it was possible to attend very heterogeneous proceedings, consult cases and study important legal and procedural issues that arose in them. However, in addition to a portrait as faithful as possible of the experience in which the internship was substantiated, this report also includes an investigative work on the subject of the refusal of testimony in criminal proceedings. After the follow-up of numerous trial hearings, it was found that a regime that is so often applied in judicial practice, remains, however, surrounded by doubts, uncertainties and diverse doctrinal interpretations that end up culminating in an increase of dissenting judgments. Therefore, taking as a starting point the assumption of a position as to the ratio that sustains the faculty of refusal to testify, this work unfolds around a critical analysis of the regime provided for in article 134 of the Criminal Procedure Code, directed, on the one hand, to the detection of the main inadequacies that it evidences and, on the other hand, the treatment of some of the problems with which judicial practice has been confronted in its application.