Acórdão nº 045941 de Supremo Tribunal de Justiça (Portugal), 19 de Janeiro de 1994 (caso NULL)
Data | 19 Janeiro 1994 |
Órgão | http://vlex.com/desc1/1997_01,Supreme Court of Justice (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: CONFIRMADA A DECISÃO.
Área Temática: DIR CRIM - CRIM C/SOCIEDADE.
Legislação Nacional: CE54 ART59 N1 A ART60. DL 400/82 DE 1982/09/23 ART6. CONST89 ART32 ART198 N4. CP82 ART2 N4 ART152 ART282. CCIV66 ART8 N3. L 3/82 DE 1982/03/29 ART1.
Jurisprudência Nacional: AC STJ DE 1986/06/25 IN BMJ N358 PAG283. AC STJ DE 1987/06/12 IN BMJ N368 PAG322.
Sumário : I - O artigo 59 do Código da Estrada não foi revogado pelo Decreto-Lei 400/82, uma vez que aquele diploma constitui lei geral que não revoga lei especial. II - Com a punição do homicídio com culpa grave (artigo 59 do Código da Estrada) visa defender-se a sociedade contra a produção de resultados letais em razão de uma condução automóvel arriscada e propícia à produção de acidentes mortais. É a vida das pessoas e a segurança estradal que se quer proteger. III - No crime praticado em estado de embriaguez (artigo 282 do Código Penal) o que se visa prevenir com a punição é a preservação de todos e cada um dos interesses e bens jurídicos que o inimputável naquelas condições põe em perigo e efectivamente lesa. IV - Para haver consumpção é, pois, necessário que para a mesma situação factual anti-jurídica, concorram duas ou mais normas sancionadas, caso em...
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