Acórdão nº 9840520 de Court of Appeal of Porto (Portugal), 02 de Dezembro de 1998 (caso NULL)
| Magistrado Responsável | BARROS MOREIRA |
| Data da Resolução | 02 de Dezembro de 1998 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR CRIM - CRIM C/SOCIEDADE.
Legislação Nacional: CP95 ART250.
Sumário: I - O artigo 250 do Código Penal não redunda em prisão por dívidas pois a obrigação de alimentos é o cumprimento dum dever específico destinado a proteger os elementos integrantes duma família, economicamente mais débeis, sendo necessário que o obrigado esteja em condições de o fazer e ponha em perigo a satisfação de necessidades fundamentais. II - O pressuposto da dispensa de pena a que se refere o n.3 do dito artigo 250 tem a ver com a valoração ética do cumprimento da obrigação, exigindo-se que o faltoso, de forma espontânea, denotando arrependimento, acabe por...
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