Acórdão nº 036506 de Supremo Tribunal de Justiça (Portugal), 24 de Março de 1982 (caso NULL)
Data | 24 Março 1982 |
Órgão | http://vlex.com/desc1/1997_01,Supreme Court of Justice (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: PROVIDO PARCIAL.
Área Temática: DIR CRIM - CRIM C/SOCIEDADE / CRIM C/PAZ HUMANIDADE.
Legislação Nacional: CPP29 ART285-A ART667 N1 N2 PAR1 N4. L 3/81 DE 1981/03/13 ART1 A ART2 N1 D N3. CP886 ART188 ART189. DL 377/77 DE 1977/09/06.
Sumário : I - Porque o artigo 1, alinea a), da Lei n. 3/81, de 13 de Março, não declarou amnistiados os crimes de desobediencia em geral, mas tão-so os dos artigos 188 e 189 do Codigo Penal, e porque os diplomas que concedem amnistias e perdões - providencias de excepção - devem interpretar-se e aplicar-se nos seus precisos termos, sem ampliações que tais termos não comportem, essa amnistia não abrange o crime do artigo 285-A do Codigo de Processo Penal. II - A razão de ser da punição dos crimes previstos nos artigos 188 e 189 do Codigo Penal reside no interesse do Estado em que a autoridade e seus agentes sejam obedecidos nos seus mandados legitimos por pessoas que não sejam seus subalternos, ao passo que no artigo 285-A do Codigo de Processo Penal se reage contra a obstrução a realização da justiça, traduzida no não cumprimento pelos arguidos em liberdade provisoria dos deveres nesse artigo apontados; o interesse protegido neste ultimo preceito e de maior valor, pelo que e mais grave a responsabilidade criminal de quem tal interesse infringir, o que se expressa na medida das penas aplicaveis. III - Em recurso interposto pelo reu, que declara aceitar as penas que lhe foram aplicadas, a...
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