Acórdão nº 048311 de Supremo Tribunal de Justiça (Portugal), 31 de Outubro de 1995 (caso NULL)
Magistrado Responsável | CASTRO RIBEIRO |
Data da Resolução | 31 de Outubro de 1995 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR CRIM - CRIM C/PESSOAS.
Legislação Nacional: CP82 ART9 ART22 ART23 ART74 N1 ART131 ART132 N1 N2 C.
Jurisprudência Nacional: AC STJ DE 1992/05/07 IN BMJ N417 PAG297. AC STJ DE 1986/05/07 IN BMJ N357 PAG214. AC STJ DE 1987/06/11 IN BMJ N368 PAG312.
Sumário : I - Para efeitos do disposto no artigo 132 ns. 1 e 2, alíneas c), f) e g), do Código Penal de 1982 é, a. Motivo Torpe, o que envolve repugnância, impudicícia ou nojo, susceptíveis de chocar e indignar a generalidade das pessoas, ou ainda, o que, em si mesmo, é obsceno ou revelador de baixeza moral sordidez ou indecência; b. Motivo fútil, o que não tem qualquer relevo, que não chega a ser motivo, que não pode sequer razoavelmente explicar a conduta; ... sem valor, sem importância, insignificante, irrelevante para explicar ou tornar aceitável, dentro do razoável, a actuação do agente do crime. c. Meio insidioso o utilizado com uma relevante carga de prefídia, o que é particularmente perigoso e que, não pondo em risco o agente, do mesmo passo tornam difícil...
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