Acórdão nº 042476 de Supremo Tribunal Administrativo (Portugal), 27 de Fevereiro de 1992 (caso None)
| Magistrado Responsável | LUCENA E VALLE |
| Data da Resolução | 27 de Fevereiro de 1992 |
| Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR CRIM - CRIM C/PESSOAS / CRIM C/PATRIMONIO / TEORIA GERAL.
Legislação Nacional: CP82 ART30 N1 ART131 ART132 ART306 N1 N3 N4.
Jurisprudência Nacional: AC STJ DE 1983/03/11 IN BMJ N327 PAG458. AC STJ DE 1984/02/08 IN BMJ N334 PAG258. AC STJ DE 1986/02/15 IN BMJ N354 PAG285. AC STJ DE 1986/05/07 IN BMJ N357 PAG211.
Sumário : I - O crime de homicidio não diverge do crime de homicidio qualificado, pois que ambos se propõem tutelar o mesmo bem juridico; as circunstancias enumeradas no artigo 132, n. 2, do Codigo Penal não constituem elementos do tipo de crime, mas da culpa. II - Existe concurso real de infracções entre o crime de roubo, previsto e punido pelo artigo 306, n. 1, do Codigo Penal, e o crime de homicidio, porquanto para que aquele ocorra não e necessario que se tenha registado alguma lesão ou ofensa a saude ou integridade fisica do ofendido ou a sua morte, sendo, pois, diversos os bens juridicos protegidos por qualquer deles. III - No crime de roubo...
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