Acórdão nº 039980 de Supremo Tribunal de Justiça (Portugal), 21 de Junho de 1989 (caso NULL)
Data | 21 Junho 1989 |
Órgão | http://vlex.com/desc1/1997_01,Supreme Court of Justice (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: PROVIDO.
Área Temática: DIR CONST - DIR FUND. DIR TRIB - DIR CUSTAS JUD. DIR CIV. DIR CRIM - TEORIA GERAL / CRIM C/PESSOAS / CRIM C/PATRIMONIO.
Legislação Nacional: CONST82 ART89. CP82 ART30 N1 ART72 ART128 ART176 N2 ART177 N1 N2 ART216 ART297 N1 E N2 D ART299 ART308 N1. CCIV66 ART483 ART494 ART496 ART562. CCJ62 ART195 N1. DL 387-B/87 DE 1987/12/29 ART47. DL 391/88 DE 1988/10/26. DL 112/89 DE 1989/04/13.
Sumário : I - Quem se introduz, de noite, em edificio onde funciona um tribunal, para o efeito partindo o vidro de uma janela e, uma vez no interior, arromba todas as gavetas e armarios, bem como o cofre da secretaria, provocando a inutilização funcional deste, com o proposito, conseguido, de se apoderar de dinheiro e objectos de valor, incorre nos seguintes crimes, em concurso real: a) De furto, previsto e punido pelo artigo 297, ns. 1, alinea e), e 2, alinea c), e 299, do Codigo Penal; b) De introdução em lugar vedado ao publico, previsto e punido pelo artigo 177, ns. 1 e 2, do mesmo Codigo; c) De dano, previsto e punido pelo artigo 308, ns. 1 e 2, ainda do mesmo Codigo. II - A circunstancia da alinea d) do n. 2 do artigo 297 do Codigo Penal assume autonomia relativamente ao crime de furto quando este ja e qualificado pela alinea e) do n. 1 e o mesmo deve considerar-se quanto ao crime de introdução previsto no artigo 177, n. 1, do mesmo Codigo. III - A circunstancia do arrombamento previsto no n. 2 do artigo 176 do Codigo Penal, por remissão do n. 2 do artigo 177, reveste autonomia, preenchendo o tipo de crime do artigo 380, n. 1, do mesmo Codigo, em concurso real, em termos do artigo 30, n. 1, uma vez que viola um bem juridico distinto. IV - O "sector publico" visado no artigo 299 do Codigo Penal abrange tanto o estadual produtivo como o não produtivo, incluindo a propriedade dos bens publicos do Estado, e não apenas o sector produtivo do artigo 89 da Constituição da Republica, não havendo, pois...
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