Acórdão nº 97P1050 de Supremo Tribunal de Justiça (Portugal), 11 de Dezembro de 1997 (caso NULL)
Magistrado Responsável | OLIVEIRA GUIMARÃES |
Data da Resolução | 11 de Dezembro de 1997 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR CRIM - TEORIA GERAL / CRIM C/PESSOAS. DIR PROC PENAL - RECURSOS. DIR JUDIC - ORG COMP TRIB.
Legislação Nacional: CP82 ART14 N1 N2 N3 ART15 B ART72 N1 N2 ART73 N1 N2 C ART131 ART132 N1 N2 C F. CP95 ART14 N1 N2 N3 ART15 B ART71 N1 N2 ART72 N1 N2 C ART131 ART132 N1 N2 C F. CPP87 ART127 ART410 N2 A B C N3 ART426 ART433. LOTJ87 ART29. CP886 ART44 N4.
Jurisprudência Nacional: AC STJ DE 1986/02/05 IN BMJ N354 PAG285. AC STJ DE 1987/01/14 IN TJ N26 PAG21. AC STJ DE 1987/06/11 IN BMJ N368 PAG312. AC STJ DE 1987/06/25 IN BMJ N368 PAG340. AC STJ DE 1990/06/06 IN CJ ANO15 T3 PAG19. AC RP DE 1986/07/02 IN BMJ N359 PAG775.
Sumário : I - Motivo fútil é aquele que não tem qualquer relevo, que não chega a ser motivo, que não pode sequer razoavelmente explicar (e muito menos, portanto, de algum modo justificar) a conduta; trata-se de um motivo notoriamente desproporcionado para ser sequer um começo de explicação da conduta. II - No conceito de meio insidioso - cuja amplitude visa especialmente flexibilizar o conceito ou evitar que se lhe retire elasticidade - cabem todos aqueles que possam rotular-se de...
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