Acórdão nº 0314343 de Supremo Tribunal Administrativo (Portugal), 12 de Janeiro de 1994 (caso None)
Magistrado Responsável | HENRIQUES EIRAS |
Data da Resolução | 12 de Janeiro de 1994 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: ALTERADA A DECISÃO.
Área Temática: DIR CRIM.
Legislação Nacional: CPP87 ART364 N1 ART374 N2 ART428 N2. CONST76 ART25 ART26 N1. CP82 ART164 N1 ART172 N1.
Sumário: - Dirigindo-se o agente a terceiro(s), imputando a outrem facto ofensivo da honra e consideração de alguém, preenche o tipo legal do crime de difamação. - Na qualificação de uma conduta, como difamatória ou não, devem valorar-se os factos segundo critérios de normalidade, definidos em função da experiência, do senso comun da generalidade dos individuos que integram a sociedade num dado momento. - Para se averiguar se a imputação é ofensiva da honra e consideração da pessoa visada, há...
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