Acórdão nº 047184 de Supremo Tribunal de Justiça (Portugal), 21 de Dezembro de 1994 (caso NULL)
| Magistrado Responsável | AMADO GOMES |
| Data da Resolução | 21 de Dezembro de 1994 |
| Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR CRIM - TEORIA GERAL.
Legislação Nacional: CP82 ART27 N2 ART33 N1 ART72 ART73 ART74 ART86 ART88 ART135 N2 ART288 N7 ART404 N2. CPP87 ART433.
Jurisprudência Nacional: AC STJ DE 1994/05/26 IN CJSTJ ANOII PAG239. AC RL DE 1989/01/10 IN CJ 1989 TI PAG145.
Sumário : I - O regime da atenuação especial, que tem antecedentes na nossa legislação, como no Código Penal de 1886, sob a designação de atenuação extraordinária da pena, não tem hoje a mesma validade que tinha no domínio desse Código, devido à sua desactualização, porque as penas eram, por vezes, injustamente severas e com limites mínimos e máximos muito próximos. II - Isso não sucede no Código Penal de 1982, fortemente influenciado pelo princípio da humanização, onde as molduras penais têm...
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