Acórdão nº 038994 de Supremo Tribunal de Justiça (Portugal), 19 de Novembro de 1987 (caso NULL)
| Magistrado Responsável | PINTO GOMES |
| Data da Resolução | 19 de Novembro de 1987 |
| Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR CRIM - CRIM C/PESSOAS / TEORIA GERAL.
Legislação Nacional: CE54 ART7 N1 N3 N10 ART59 N2 B. CP886 ART359 CP82 ART48 N2. CPP29 ART667 N3.
Jurisprudência Nacional: AC STJ DE 1980/07/09 IN BMJ N359 PAG362.
Sumário : I - A individualização das penas, quer no dominio do Codigo Penal de 1886 quer no do actual, sempre se aferiu predominantemente pelo grau de ilicitude do facto e pela culpa do agente, constituindo esta o pressuposto e fundamento da punição e sua medida. II - E, desde que se cometeu um homicidio involuntario com culpa grave e exclusiva, logo ficou comprometida a suspensão da execução da pena, por, em tal dominio, a prisão efectiva ser reclamada pela exigencia de prevenção de infracções rodoviarias identicas. III - O bom comportamento, atenta não ja a involuntariedade da infracção, mas tambem por se não tratar de comportamento que se destaque do comportamento medio e comum da generalidade dos individuos de igual cultura, idade e condição, e...
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