Acórdão nº 048275 de Supremo Tribunal de Justiça (Portugal), 15 de Novembro de 1995 (caso NULL)
| Magistrado Responsável | COSTA FIGUEIRINHAS |
| Data da Resolução | 15 de Novembro de 1995 |
| Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: PROVIDO PARCIAL.
Área Temática: DIR CRIM - CRIM C/PESSOAS / CRIM C/PATRIMÓNIO / CRIM C/SOCIEDADE.
Legislação Nacional: CP82 ART260 ART306 N1 N2 A.
Jurisprudência Nacional: AC STJ DE 1991/01/30 IN BMJ N403 PAG203. ASS STJ DE 1989/04/05 IN DR IS DE 1989/12/05.
Sumário : I - O uso e detenção de armas proibidas, ainda que se concretize em um ou vários roubos, constituindo crime de perigo comum ou abstracto, a sua punição visa prevenir a violação de outros interesses, nomeadamente a vida, a integridade física e a liberdade de qualquer pessoa e não apenas das pessoas que foram concretamente ofendidas. Tal perigo impessoal e multiforme mantêm-se como fundamento da infracção autónoma não sendo, consumido pelos danos dos roubos. II - O crime de roubo qualificado previsto e punido pelo artigo 306 ns. 1 e 3, alínea a), do Código Penal de 1982 pode ser cometido com a utilização de qualquer arma de fogo, mesmo...
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