Acórdão nº 042916 de Supremo Tribunal Administrativo (Portugal), 26 de Novembro de 1992 (caso None)
| Data | 26 Novembro 1992 |
| Órgão | http://vlex.com/desc1/1541_01,Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR CRIM - TEORIA GERAL / CRIM C/PESSOAIS. DIR CONST - DIR FUND. DIR PROC PENAL.
Legislação Nacional: CONST89 ART34 N2. CP82 ART30 N1 ART78 N1 ART163 ART201 N2. CPP87 ART174 N4 B ART176 N1 ART410 N2 A ART436. CCIV66 ART562 ART563 ART564.
Jurisprudência Nacional: AC STJ DE 1991/06/05 IN CJ ANO1991 PAG26.
Sumário : I - É legal a busca que se faça num domicílio, mediante o consentimento da respectiva dona de casa, consentimento esse que basta ser verbal. II - A insuficiência de prova de que o Supremo Tribunal de Justiça pode conhecer, no âmbito da alínea a) do n. 2 do artigo 410 do Código de Processo Penal, é apenas a que resulta do texto do acordão recorrido, por si só ou conjugado com as regras da experiência comum. III - Mesmo que o rapto já tenha sido feito com fins libidinosos, nem por isso deixará de assumir autonomia...
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