Acórdão nº 98P1422 de Supremo Tribunal de Justiça (Portugal), 24 de Março de 1999 (caso NULL)
| Data | 24 Março 1999 |
| Órgão | http://vlex.com/desc1/1997_01,Supreme Court of Justice (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR CRIM - TEORIA GERAL.
Legislação Nacional: CP95 ART40 N1 ART50 ART143 N1 ART144 B D.
Sumário : I - O juízo de prognose, pressuposto material da suspensão da execução da pena (artigo 50, do CP) tem como conteúdo a expectativa de que a simples censura do facto e a ameaça de prisão realizam de forma suficiente e adequada as finalidades da punição e uma destas finalidades é a protecção de bens jurídicos (artigo 40, n. 1, do CP) ou seja, funda-se em exigências de prevenção geral. II - Por conseguinte, a suspensão da execução da pena de prisão não pode pôr em causa a crença da comunidade na validade da norma e a confiança dos cidadãos nas instituições jurídico-penais. III - Não tendo o arguido confessado os factos delituosos praticados assumindo o seu erro, mostra ter uma personalidade não adequada aos valores éticos e morais, indispensáveis e exigíveis à...
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