Acórdão nº 042695 de Supremo Tribunal de Justiça (Portugal), 11 de Junho de 1992 (caso NULL)
Data | 11 Junho 1992 |
Órgão | http://vlex.com/desc1/1997_01,Supreme Court of Justice (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR CRIM - CRIM C/PATRIMÓNIO.
Legislação Nacional: CCIV66 ART204 N1 C N3 ART349 ART351 ART483 ART502 ART798 ART808 N1 ART1212 N2. CP82 ART48 ART49 ART72 ART128 ART296 ART297 N1 A. CPP87 ART127 ART410 N2 C.
Jurisprudência Nacional: AC STJ DE 1989/11/29 IN AJ N4 PAG7. AC STJ DE 1989/11/22 IN AJ N3 PAG6. AC STJ DE 1990/09/19 IN AJ N10/11 PAG10.
Sumário : I - A incorporação dos materiais no solo de que fala o n. 2 do artigo 1212 do Código Civil, implica a transferência da propriedade para o dono da obra e abrange tanto as partes integradas como os componentes. II - As presunções judiciais, simples, naturais ou de experiência são meios de convicção a funcionarem como instrumento lógico da apreciação da prova pelo julgador. III - A prova seria valorada, salvo quando a lei dispuser diferentemente, em nome do princípio da livre apreciação do artigo 127 do Código de Processo Penal. IV - O erro notório na apreciação da prova é de natureza, ou por definição, intrínseco da decisão recorrida e não deve obter raizes no exterior da mesma. V - Para definir "um valor consideravelmente elevado" o intérprete tem de socorrer-se da apreciação concreta do facto - nas suas circunstâncias e medida da posição do agente em face do delito cometido, da situação do ofendido, da natureza e intensidade do...
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