Acórdão nº 041158 de Supremo Tribunal de Justiça (Portugal), 21 de Novembro de 1990 (caso NULL)
| Magistrado Responsável | FERREIRA VIDIGAL |
| Data da Resolução | 21 de Novembro de 1990 |
| Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR CRIM - CRIM C/PATRIMONIO / TEORIA GERAL.
Legislação Nacional: CONST76 ART34 N1 ART62 N1. CP82 ART48 ART72 ART79 ART177 N1 ART297 N2 D. CPP87 ART358 ART359.
Jurisprudência Nacional: AC STJ DE 1987/11/25 IN BMJ N371 PAG245. AC STJ DE 1986/06/25 IN BMJ N358 PAG292.
Sumário : I - A punição do crime de furto visa a defesa da integridade do patrimonio alheio; a punição do crime de introdução em casa alheia, visa a defesa da inviolabilidade de domicilio. II - Mostrando-se desnecessaria a qualificação do furto a circunstancia prevista na alinea d) do n. 2 do artigo 297 do Codigo Penal, os respectivos factos tipicos (introdução em casa alheia ou em lugar vedado ao publico) devem considerar-se como elementos integradores dos crimes dos artigos 176 e 177, 1 do referido Codigo, a punir em acumulação real com aquele. III - A...
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