Acórdão nº 9840402 de Court of Appeal of Porto (Portugal), 17 de Março de 1999 (caso NULL)
| Magistrado Responsável | VEIGA REIS |
| Data da Resolução | 17 de Março de 1999 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR CRIM - CRIM C/SOCIEDADE. DIR CIV - DIR RESP CIV.
Legislação Nacional: CP82 ART197 N2. CPP87 ART71 ART377 N1.
Jurisprudência Nacional: AC STJ DE 1998/04/02 IN CJSTJ T2 ANOVI PAG179.
Sumário: I - Tendo-se provado apenas que da falta de pagamento da prestação alimentar devida ao filho resultou ter-se a mãe debatido com dificuldades económicas para fazer face às despesas normais do respectivo agregado familiar e não se provando que o arguido tenha " agido com intenção de não pagar, quando o podia fazer, sabendo que punha em risco a educação do filho, não ignorando que o seu comportamento era punido por lei", não estão preenchidos elementos constitutivos do tipo legal de crime do artigo 197 do Código Penal de 1982 por não resultar integrado perigo de satisfação...
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