Appeal dismissed; court allowed appointing an official defender when the defendant's lawyer was absent for witness examination.

The Tribunal da Relação de Lisboa dismissed the appeal against a lower court's decision to appoint an official defender. The defendant's appointed lawyer was absent during the witness examination phase, prompting the tribunal to designate an official defender to ensure procedural fairness. The court ruled that the principle of material truth allows the tribunal to act beyond the proofs indicated by the appellant, and that appointing an official defender in the lawyer's absence is legally permissible.