Acórdão nº 048949 de Supremo Tribunal de Justiça (Portugal), 28 de Março de 1996 (caso NULL)
Data | 28 Março 1996 |
Órgão | http://vlex.com/desc1/1997_01,Supreme Court of Justice (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: PROVIDO PARCIAL.
Indicações Eventuais: F DIAS IN CRIME DE EMISSÃO DE CHEQUES SEM COBERTURA IN CJ ANOVII TIII PAG65.
Área Temática: DIR CRIM - CRIM C/SOCIEDADE. DIR CIV - DIR RESP CIV. DIR PROC PENAL - RECURSOS.
Legislação Nacional: CPP87 ART410 N2 B ART433. CCIV66 ART483 ART563 ART564 N1 ART566 N2 ART805 N2 B. CP82 ART228 N1. CP95 ART71 ART256 N1.
Jurisprudência Nacional: AC TC 371/91 DE 1991/10/10 IN ACTC ANO1991 PAG7.
Sumário : I - Quando se diz que há contradição entre os fundamentos de facto e de direito, está-se, pura e simplesmente, a afirmar que a decisão não está de acordo com a lei, que há um erro de julgamento. II - Assente o ilícito criminal - a falsificação - decorre da lei substantiva, do artigo 483 do C.CIV., a obrigação de o lesante indemnizar o lesado pelos danos resultantes da violação, nos termos dos artigos 563, 564, n. 1 e 566, n. 2 do C.CIV. citado. III - Reportando-se ao caso...
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