Acórdão nº 040829 de Supremo Tribunal Administrativo (Portugal), 03 de Outubro de 1990 (caso None)
Magistrado Responsável | MAIA GONÇALVES |
Data da Resolução | 03 de Outubro de 1990 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: PROVIDO. ALTERADA A DECISÃO.
Área Temática: DIR CRIM. DIR ORDEN SOC. DIR CONST - DIR FUND.
Legislação Nacional: DL 14/84 DE 1984/01/11 ART10 N1 ART13 N1 ART15 N7 ART17 N2 ART18. CONST82 ART105 N2 ART268 N2. DL 433/82 DE 1982/10/27 ART34 ART59 N3 ART79 N1. LPTA85 ART28 N1 A. CPP29 ART152. CP82 ART388 N3.
Jurisprudência Nacional: AC STJ PROC39995 DE 1989/04/05. AC TC DE 1989/07/13 IN DR IIS DE 1990/02/01. AC STA DE 1977/03/31 IN AD N191 PAG984. AC RP DE 1977/05/11 IN BMJ N269 PAG207.
Sumário : I - Como se deduz do Acordão n. 305/88, de 13 de Julho de 1989 do Tribunal Constitucional, a medida de restrição ao uso de cheque não tem a natureza de ilicito de natureza criminal, não so porque as penas principais vem tipificadas no Codigo Penal e nelas não cabe a inibição do uso de cheque, prevista no artigo 10 n. 1 do Decreto-lei n. 14/84, de 27 de Outubro, mas tambem porque esta medida se não enquadra em qualquer das penas acessorias que o Codigo Penal enumera, para alem de a medida em questão não impedir, em absoluto, o uso dos cheques, mas so de determinados cheques. II - Quer se trate de medida de natureza administrativa (hipotese...
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