Acórdão nº 0408992 de Court of Appeal of Porto (Portugal), 17 de Janeiro de 1990
Magistrado Responsável | NOEL PINTO |
Data da Resolução | 17 de Janeiro de 1990 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO. ALTERADA A DECISÃO.
Área Temática: DIR CRIM - CRIM C/PESSOAS.
Legislação Nacional: DL 314/78 DE 1978/10/27 ART190. CP82 ART197. L 2053 DE 1952/03/22 ART1 ART2.
Sumário: I - O Código Penal de 1982 não revogou o artigo 190 da Organização Tutelar de Menores ( Decreto-Lei nº 314/78 de 27/10 ) que assim se mantém em vigor. II - No artigo 190 citado contém-se uma medida de execução de sentença judicial quando não é possível obter o cumprimento do julgado mediante dedução no salário ou outros rendimentos das quantias devidas ao menor a título de alimentos; no artigo 197 do Código Penal configura-se uma situação de perigo que para os carecidos de alimentos pode resultar do não cumprimento da obrigação por parte de quem está legalmente obrigado a prestá-los, independentemente de prévia condenação, perigo que...
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