Acórdão nº 036839 de Supremo Tribunal de Justiça (Portugal), 15 de Dezembro de 1982 (caso NULL)
Magistrado Responsável | ARELO MANSO |
Data da Resolução | 15 de Dezembro de 1982 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decis„o: NEGADO PROVIMENTO.
¡rea Tem·tica: DIR CRIM - CRIM C/SOCIEDADE / TEORIA GERAL.
LegislaÁ„o Nacional: CP886 ART34 N7 N10 N25 N31 ART75 N1 ART393. CE54 ART46 N2 C.
Sum·rio : I - Ha aleivosia quando a mulher, por acto propositado do homem, fica sem capacidade de resistir e sem conhecimento da copula que, contra sua vontade, e forÁada a manter. II - No crime de violaÁ„o ha insistencia na consumaÁ„o quando o reu agride corporalmente a vitima e, depois, perante a ineficacia do meio e a resistencia desta, utiliza narcotico para a dominar. III - Sempre que a circunstancia agravante do lugar ermo dificulte a defesa da ofendida e o seu auxilio e determine maior facilidade de impunidade do reu, n„o pode ser considerada de reduzido valor. IV - Sendo o reu pela pratica do crime de violaÁ„o casado e contumaz na infidelidade n„o so milita contra ele a agravante resultante da obrigaÁ„o especial de n„o cometer o crime, como n„o pode considerar-se esta de reduzido valor. V - A sociedade ainda valoriza a virgindade da mulher pelo que o desfloramento continua a constituir, no crime de violaÁ„o, a agravante...
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