Acórdão nº 97P1436 de Supremo Tribunal Administrativo (Portugal), 01 de Abril de 1998 (caso None)
| Magistrado Responsável | JOAQUIM DIAS |
| Data da Resolução | 01 de Abril de 1998 |
| Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: PROVIDO.
Área Temática: DIR CRIM - CRIM C/PESSOAS / CRIM C/SOCIEDADE.
Legislação Nacional: CP82 ART30 N2 ART205 N2 ART208 N1 A. CP95 ART2 N4 ART30 N1 N2 ART172 N1 N2 ART177 N1 A.
Referências Internacionais: CONV SOBRE OS DIREITOS DA CRIANÇA ASSINADA EM NOVA IORQUE A 1990/01/26.
Jurisprudência Nacional: AC STJ DE 1995/06/21 IN CJSTJ ANOIII TIII PAG184.
Sumário : I - No crime de atentado ao pudor, previsto e punido pelo artigo 205, do Código Penal de 1982, tutela-se a preservação dos sentimentos gerais da moralidade sexual. II - No crime de abuso sexual de crianças, previsto e punido pelo artigo 172, do Código Penal de 1995, o bem jurídico protegido é a criança como criança. O elemento subjectivo consiste na consciência e vontade de praticar o acto abusivo, com conhecimento da idade da pessoa ofendida. A vontade da...
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