Acórdão nº 037344 de Supremo Tribunal de Justiça (Portugal), 30 de Maio de 1984 (caso NULL)
Data | 30 Maio 1984 |
Órgão | http://vlex.com/desc1/1997_01,Supreme Court of Justice (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: PROVIDO.
Área Temática: DIR CRIM - CRIM C/SOCIEDADE.
Legislação Nacional: CP886 ART236 PAR2. CP82 ART400 N2. EJ62 ART549. DL 32171 DE 1942/07/29 ART1. DL 830/74 DE 1974/12/31. D DE 1899/02/07 ART158. D DE 1946/05/25.
Sumário : I - O crime de exercicio ilegal de profissão titulada, antes previsto no artigo 236, paragrafo 2, do Codigo Penal de 1886 e agora previsto no artigo 400, n. 2, do Codigo Penal de 1982, descreve-se na pratica pelo respectivo agente de actos proprios de uma profissão que, por disposição expressa da lei, não pode ser exercida senão por quem tenha titulo adequado. II - Nenhuma lei condiciona a pratica dos actos que habitualmente são deferidos a profissão dos denominados agentes tecnicos de engenharia ou engenheiros tecnicos, a existencia de qualquer titulo, não valendo como condicionante o proprio titulo academico por que se identificam. III - Importa distinguir, por um lado, o titulo academico e a designação profissional de agente tecnico de engenharia ou de engenheiro tecnico e, por outro, a imposição legal- que inexiste-de que as actividades que se julgam proprias dos respectivos titulares so podem...
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