Acórdão nº 037834 de Supremo Tribunal Administrativo (Portugal), 28 de Maio de 1985 (caso None)
Magistrado Responsável | JOSE LUIS PEREIRA |
Data da Resolução | 28 de Maio de 1985 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: PROVIDO PARCIAL.
Área Temática: DIR CRIM - CRIME C/PESSOAS / TEORIA GERAL.
Legislação Nacional: DL 24-A/84 DE 1984/01/16. DL 49/85 DE 1985/02/27. L 3/81 DE 1981/03/13 ART2 N1 N3. CP82 ART297 N1 N2 C D E F ART296. L 17/82 DE 1982/07/02.
Jurisprudência Nacional: AC STJ DE 1984/05/24 IN BMJ N337 PAG291.
Sumário : I - O valor de 1400 escudos não e de considerar insignificante em termos absolutos, nem, em termos relativos, para um empregado de armazem e dono de mercearia de aldeia ou para quem, como os reus, sem qualquer rendimento e pobre. II - Sendo tal quantia equivalente, a data da pratica do furto a tres dias de salario minimo nacional (Decreto-Lei n. 24-A/84, de 16 de Janeiro) e, ainda hoje, a mais de dois dias desse salario (Decreto-Lei n. 49/85, de 27 de Fevereiro) não e de presumir que a lei a considere "insignificante" visto ser superior...
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