Acórdão nº 040011 de Supremo Tribunal Administrativo (Portugal), 24 de Maio de 1989
Magistrado Responsável | FERREIRA VIDIGAL |
Data da Resolução | 24 de Maio de 1989 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR CRIM - CRIM C/PESSOAS. DIR MENORES.
Legislação Nacional: CP82 ART197 ART198 N2. OTM78 ART177 N1 ART186 - ART190. L 2053 DE 1952/03/22. DL 400/82 DE 1982/09/23 ART6 N1 N2.
Jurisprudência Nacional: AC RC DE 1985/02/13 IN BMJ N344 PAG461.
Sumário : I - Ao consagrar os tipos de crimes dos artigos 197 e 198 - omissão de assistencia material a familia ou fora do casamento - o Codigo Penal pretendeu disciplinar toda esta materia, revogando explicita ou implicitamente as normas contidas em leis especiais, anteriormente vigentes sobre a materia. II - Os artigos 190 e 189 da Organização Tutelar de Menores mostram-se revogados pelo Codigo Penal. III - Alias, no rigor dos principios, o artigo 198 do Codigo Penal e um preceito com campo de aplicação novo, não se podendo falar em concorrencia de normas. IV - O conceito de alimentos do artigo 3003 do Codigo Civil e um conceito normativo, pelo que o Codigo Penal recebe-o com essa amplitude. V - A expressão "voluntariamente", consignada no artigo 198, n. 2, do Codigo Penal, não abrange so as situações em que o arguido se obrigou por escrito particular mas tambem os casos em que a obrigação decorre de acordo firmado no processo de prestação de alimentos. VI - A obrigação de prestar alimentos que a lei impõe aos pais, relativamente aos filhos, não e individual mas conjunta. Ambos os pais devem presta-la na medida das necessidades dos filhos e na das suas disponibilidades. VII - No caso do casamento da mãe, não e licito contar com o vencimento do marido desta para concluir que o vencimento do novo casal basta para satisfazer as necessidades do menor. VIII - Nunca a obrigação dos pais para...
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