Acórdão nº 0021889 de Supremo Tribunal Administrativo (Portugal), 04 de Fevereiro de 1987 (caso None)
| Magistrado Responsável | SA NOGUEIRA |
| Data da Resolução | 04 de Fevereiro de 1987 |
| Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: ALTERADA A DECISÃO.
Área Temática: DIR CRIM - CRIM C/PATRIMÓNIO.
Legislação Nacional: CP82 ART313 N1. CCIV66 ART895.
Jurisprudência Nacional: AC STJ DE 1957/03/20 IN BMJ N65 PAG392.
Sumário: I - O princípio civilístico da convalidação da venda de coisa alheia, que antes da evicção, seja adquirida pelo alienante, não é aplicável ao crime de burla, quando consumado, e depois de iniciado o respectivo processo crime. II - Subtraído fraudulentamente um objecto e empenhado o mesmo numa instituição de penhores, com a arrogação da falsa qualidade de proprietário, consumaram-se os crimes de furto e de burla e, iniciado o respectivo processo crime, os posteriores perdão ou desistência da queixa por parte do ofendido com o furto, e aquisição da propriedade do objecto...
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