Acórdão nº 0004925 de Supremo Tribunal Administrativo (Portugal), 25 de Julho de 1991 (caso None)
Magistrado Responsável | AMADO GOMES |
Data da Resolução | 25 de Julho de 1991 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: PROVIDO PARCIALMENTE.
Área Temática: DIR PROC PENAL.
Legislação Nacional: CPP29 ART1 PARÚNICO ART101 ART102. CPC67 ART145 ART743 N1. CP82 ART164 ART165. CONST76 ART12 N2. CCIV66 ART160. DL 35007 DE 1945/10/13 ART4 N2.
Jurisprudência Nacional: AC RL DE 1988/05/11 IN CJ T13 PAG174.
Sumário: I - O DL 377/88, de 24/10, visou adequar processualmente o DL 85-C/75, de 26/02, ao CPP, estabelecendo uma regulamentação processual para os crimes de imprensa, conforme os princípios ínsitos neste. II - O CPP só se aplica aos processos instaurados a partir de 1 de Janeiro de 1988; III - As alegações podem ser exibidas no prazo de 8 dias (arts. 743, n. 1, CPC e 1 parúnico, CPP29) e, ainda, nos 3 dias seguintes (art.145 CPC). IV - As pessoas colectivas podem ser sujeitos passivos dos crimes de difamação e de injúrias. Ainda que a honra, bem protegido pelos tipos legais dos arts. 164 e 165 do Código Penal, seja um atributo da pessoa humana, o certo é que os mesmos preceitos incriminadores tutelam a consideração que é precisamente o crédito e confiança de que a pessoa goza junto...
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