Acórdão nº 036875 de Supremo Tribunal Administrativo (Portugal), 17 de Fevereiro de 1983 (caso None)
Magistrado Responsável | ALVES PEIXOTO |
Data da Resolução | 17 de Fevereiro de 1983 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: PROVIDO.
Área Temática: DIR CRIM - TEORIA GERAL / CRIM C/PATRIMONIO. DIR CIV - TEORIA GERAL. DIR PROC PENAL.
Legislação Nacional: CP886 ART19 ART23 N4 ART34 N12 N33 N34 ART39 N9 N21 N23 ART94 N1 ART96 PARUNICO ART100 ART104 N2 ART106 PARUNICO ART421 N3 N4 ART426 N3 ART428 N4 ART474. CP82 ART2 N4 ART4 ART40 N1 ART46 N1 ART73 ART74 ART76 ART77 ART84 ART297 N1 A N2 C D H ART329 N1. DL 44939 DE 1963/03/27 ART1 N1 B. DL 630/76 DE 1976/07/28 ART1 D. L 27/81 DE 1981/08/21. CCIV66 ART122 ART130. CPP29 ART58 ART663 ART667. DL 401/82 DE 1982/09/23 ART1 N2. L 3/81 DE 1981/03/13 ART2 N1 B C N2. L 17/82 DE 1982/07/02 ART5 N1 B D.
Jurisprudência Nacional: AC STJ DE 1978/06/21 IN BMJ N278 PAG70. AC STJ DE 1981/01/21 IN BMJ N303 PAG162. AC STJ DE 1981/07/22 IN BMJ N309 PAG217. AC STJ DE 1981/10/21 IN BMJ N310 PAG184. AC STJ DE 1982/01/20 IN BMJ N313 PAG210.
Sumário : I - Actualizados os escalões do furto ( artigo 421 do Codigo Penal de 1886 ) ja depois de cometido o dos autos, não pode o julgador acusa-los de desconformes com a realidade. II - A recurso do reu, o Tribunal superior não pode retirar o beneficio da atenuação extraordinaria. III - Apos a nova redacção dos artigos 122 e 130 do Codigo Civil, não e menor, mesmo para efeitos penais, quem haja...
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