Acórdão nº 036504 de Supremo Tribunal de Justiça (Portugal), 10 de Novembro de 1982 (caso NULL)
Magistrado Responsável | VASCONCELOS DE CARVALHO |
Data da Resolução | 10 de Novembro de 1982 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decis„o: PROVIDO PARCIAL.
¡rea Tem·tica: DIR CONST - PODER POL. DIR CRIM - TEORIA GERAL / CRIM C/PATRIMONIO. DIR CIV - TEORIA GERAL.
LegislaÁ„o Nacional: CONST76 ART281 N2. RCR 146-A/81 DE 1981/07/03. CP886 ART34 N1 N7 N11 N14 N15 N33 ART35 ART39 N1 N3 N9 N20 N23 ART55 N3 ART84 ART91 N1 ART94 ART96 PARUNICO ART100 ART102 N2 ART107 ART421 N5 ART426 N1 N2 ART428 N4 N5 PARUNICO ART432 ART435 N2. DL 44939 DE 1963/03/27 ART1 N1 E. CE54 ART58 N7. L 27/81 DE 1981/08/22. CCIV66 ART122 ART130. DL 496/77 DE 1977/11/25. L 82/77 DE 1977/12/06 ART30. L 3/81 DE 1981/03/13 ART2 N1 D. L 17/82 DE 1982/07/02 ART5 E F. CPP29 ART100 ART439 ART663 ART666 ART667 PAR1.
JurisprudÍncia Nacional: AC STJ DE 1981/07/22 IN BMJ N309 PAG217. AC STJ DE 1981/11/04 IN BMJ N311 PAG280. AC STJ DE 1981/11/25 IN BMJ N311 PAG244.
Sum·rio : I - A declaraÁ„o de inconstitucionalidade (parcial) do artigo 439 do Codigo de Processo Penal, constante da ResoluÁ„o n. 146-A/81 do Conselho da RevoluÁ„o, n„o pode desrespeitar os casos julgados. II - O Decreto-Lei n. 44939, de 27 de MarÁo de 1963, n„o pune o roubo de uso de veiculo, mas dai n„o se segue que seja aplicavel a previs„o do artigo 58 do Codigo da Estrada; a fim de se evitar o absurdo de se punir o furtum usus de veiculo mais severamente que o roubo do seu uso, ha que considerar aplicavel a previs„o do artigo 1 do Decreto-Lei n. 44939, de 27 de MarÁo de 1963, em termos de consumpÁ„o impura. III - Em face da actual redacÁ„o dos artigos 122 e 130 do Codigo Civil, dada pelo Decreto-Lei n...
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