Acórdão nº 0408989 de Court of Appeal of Porto (Portugal), 10 de Janeiro de 1990
Magistrado Responsável | CALHEIROS LOBO |
Data da Resolução | 10 de Janeiro de 1990 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL Decisão: NEGADO PROVIMENTO.
Área Temática: DIR CRIM - CRIM C/PESSOAS.
Legislação Nacional: CP82 ART30 N2 ART201 N2 ART73.
Jurisprudência Nacional: AC STJ DE 1983/02/17 IN BMJ N324 PAG447. AC STJ DE 1983/01/26 IN BMJ N323 PAG208. AC STJ DE 1983/04/14 IN BMJ N326 PAG322. AC RP DE 1985/03/27 IN CJ ANOX T2 PAG246. AC STJ DE 1987/02/04. AC RC DE 1988/05/11 IN CJ ANOXIII T3 PAG101. AC RE DE 1985/05/07 IN CJ ANOX T3 PAG311. AC RP DE 1988/01/07 IN BMJ N363 PAG601. AC STJ DE 1984/10/24 IN BMJ N340 PAG243.
Sumário: I - A figura jurídico-penal do crime continuado definida no artigo 30, nº 2 do Código Penal, constitui uma forma de concurso de crimes que, dada a sua especial configuração - demonstratitva de uma menor culpabilidade do agente - unifica ficticiamente, num só, os vários delitos cometidos. II - São índices, entre outros, dessa menor culpabilidade: a) uma certa conexão temporal que faça presumir menor reflexão sobre a acção criminosa anterior, facilitadora do repetido sucumbir; b) homogeneidade de execução e unidade de dolo; c) persistência de uma situação exterior que facilite a execução e diminua consideravelmente a culpa do agente. III - É elemento essencial, para verificação da apontada figura jurídica, a lesão do mesmo bem jurídico. IV - Tal elemento só não se verifica quando sendo vários os ofendidos, o bem protegido é eminentemente pessoal, como acontece com a honra e a liberdade sexual. V - No crime de violação previsto e punido no artigo 201, nº 2 do Código Penal, não existe qualquer diferença de penalização dos "actos análogos", em relação à da cópula. VI - Estes "actos" implicam contactos entre os órgãos sexuais masculino e feminino, desde que o homem atinja o orgasmo, não...
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