Acórdão nº 045986 de Supremo Tribunal Administrativo (Portugal), 10 de Fevereiro de 1994 (caso None)
| Magistrado Responsável | COSTA PEREIRA |
| Data da Resolução | 10 de Fevereiro de 1994 |
| Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decis„o: NEGADO PROVIMENTO.
¡rea Tem·tica: DIR CRIM - CRIM C/PATRIM”NIO / TEORIA GERAL.
LegislaÁ„o Nacional: CP82 ART30 N2 ART72 ART136 ART297 N1 N2 D. CP886 ART102.
JurisprudÍncia Nacional: AC STJ DE 1987/07/21 IN BMJ N379 PAG386. AC STJ DE 1990/03/21 IN BMJ N395 PAG297. AC STJ DE 1988/11/09 IN CJ XIII TV PAG9. AC STJ DE 1992/11/18 IN CJ XVII TV PAG15.
Sum·rio : I - … jurisprudÍncia assente do Supremo Tribunal de JustiÁa que, acrescendo ‡ introduÁ„o em casa alheia qualquer das outras circunst‚ncias qualificativas do furto, previstas nos ns. 1 e 2 do artigo 297 do CÛdigo Penal, o crime de introduÁ„o em casa alheia autonomiza-se, verificando-se um concurso efectivo de crimes. II - Diversamente verifica-se um concurso aparente entre o crime de introduÁ„o em casa alheia por arrombamento e o de dano, na medida em que o arrombamento, integrando a materialidade do dano È simult‚neamente elemento constitutivo do crime de introduÁ„o em casa alheia. III - Os interesses...
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