Acórdão nº 97P1195 de Supremo Tribunal de Justiça (Portugal), 17 de Dezembro de 1997
Magistrado Responsável | JOAQUIM DIAS |
Data da Resolução | 17 de Dezembro de 1997 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: PROVIDO PARCIAL.
Área Temática: DIR CRIM - TEORIA GERAL / CRIM C/PESSOAS. DIR ECON - DIR TRANSP DIR RODOV.
Legislação Nacional: CP95 ART15 ART30 N1 ART71 N2 A ART137 N2. CE94 ART24 N1 N3 ART141 N2 ART142 ART148 B D E ART149.
Sumário : I - O concurso de crimes corresponde a uma pluralidade de crimes, não necessariamente a uma pluralidade de factos. Um só facto pode bastar para desenhar a figura do concurso ideal, que o código equipara ao concurso real, perfilhando o critério teleológico. Um só facto pode ofender vários interesses jurídicos ou repetidamente o mesmo interesse jurídico. Se a tais ofensas corresponderem outros tantos juízos de censura, verifica-se o concurso efectivo de crimes - real ou ideal. II - Portanto, na definição de concurso efectivo de crimes, não basta o elemento da pluralidade de bens jurídicos violados; exige-se a pluralidade de juízos de censura. III - Ora, o número de juízos de censura é igual ao número de decisões de vontade do agente dos crimes. Uma só resolução, um só acto de vontade, é insusceptível de provocar vários juízos de censura sem desrespeito do princípio ne bis in idem. IV - Por isso, no concurso ideal, sendo a acção exterior uma só, a manifestação da vontade do agente, quer sob a forma de intenção quer de negligência, tem de ser plúrima: tantas manifestações de vontade, tantos juízos de...
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