Acórdão nº 0310711 de Court of Appeal of Porto (Portugal), 05 de Dezembro de 1990
Magistrado Responsável | VAZ DOS SANTOS |
Data da Resolução | 05 de Dezembro de 1990 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO. CONFIRMADA A SENTENÇA.
Área Temática: DIR CRIM - CRIM C/SOCIEDADE.
Legislação Nacional: CP82 ART228 N1 A B C.
Sumário: I - A falsidade é material se diz respeito ao documento em si; é intelectual ou ideológica se recai sobre o conteúdo do documento, traduzindo-se na desconformidade desse conteúdo com a verdade. II - Com a incriminação ( artigo 228 do Código Penal ) visa-se proteger a verdade intrínsica do documento quanto à autenticidade da sua origem e proveniência, e a verdade necessária à sua função probatória, isto é, a correspondência entre o documento e o que é documentado. III - Enquanto meio de prova, o conteúdo do documento é formado pelos factos que se destina a provar. IV - Nos documentos narrativos ( contém uma declaração de ciência, de verdade, atestam ou certificam um facto ) tem lugar a falsidade ideológica, que se traduz numa mentira, e...
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