Acórdão nº 041477 de Supremo Tribunal Administrativo (Portugal), 06 de Março de 1991 (caso None)
Magistrado Responsável | LOPES DE MELO |
Data da Resolução | 06 de Março de 1991 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: PROVIDO PARCIAL.
Indicações Eventuais: ALTERAÇÃO DA POSIÇÃO DO SUPREMO TRIBUNAL DE JUSTIÇA QUANTO A ALTERNATIVA DE PRISÃO A PENA DE MULTA FIXADA EM QUANTIA.
Área Temática: DIR CRIM - TEORIA GERAL /CRIM C/SOCIEDADE.
Legislação Nacional: DL 430/83 DE 1983/12/13 ART23 N1 ART24 N1 N3. CPP87 ART403. CP82 ART72 ART73. CCIV66 ART9.
Jurisprudência Nacional: AC STJ PROC40351 DE 1989/12/13. AC STJ PROC40992 DE 1990/11/21. AC STJ DE 1986/12/10 IN BMJ N362 PAG350. AC STJ DE 1987/02/18 IN BMJ N364 PAG563. AC STJ DE 1985/07/10 IN CJ ANOX T4 PAG165.
Sumário : I - Em face dos ensinamentos da ciencia e da jurisprudencia do Supremo Tribunal de Justiça, a quantidade diminuta de heroina, ou seja, a do consumo individual medio diario, deve ser fixada em torno de 1,5 gramas. II - Como o Supremo Tribunal de Justiça ja decidiu em varios acordãos, deve atender-se não apenas as quantidades que são transaccionadas de cada vez pelo arguido, mas antes a totalidade do produto que ele vendeu, a globalidade dos consumidores, somando, assim, as doses individuais. III - Atendendo a globalidade do comportamento do arguido, estabelecemos de uma pena gradativa as responsabilidades pelo trafico de estupefacientes pois e possivel aplicar o disposto nos artigos 72 e 73 do Codigo Penal; ponderamos devidamente o apuramento legislativo (artigo 9 do Codigo Penal) com orientação para uma solução equilibrada; não esvaziando assim de conteudo o artigo 24, n. 1 do Decreto-Lei n. 30/83, nem ignorando o principio da proporcionalidade das penas e tendo presente que o crime provado e de perigo...
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