Acórdão nº 0224715 de Court of Appeal of Porto (Portugal), 28 de Fevereiro de 1990
Magistrado Responsável | CASTRO RIBEIRO |
Data da Resolução | 28 de Fevereiro de 1990 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: PROVIDO. ALTERADA A DECISÃO.
Área Temática: DIR CRIM.
Legislação Nacional: DL 400/82 DE 1982/09/23 ART7. CP82 ART43 ART48. CP886 ART84 ART86. CE54 ART46 N1 NA REDACÇÃO DO DL 240/89 DE 1989/07/26.
Sumário: I - Em matéria de transgressões não é lícito o apelo aos princípios vertidos nos artigos 43 e 48 do Código Penal de 1982, por ser aplicável o direito substantivo contido no Código Penal de 1886 por força do artigo 7 do Decreto-Lei nº 400/82. II - É insustentável o critério de aplicar a reincidentes em matéria de condução de veículos automóveis sem habilitação legal, "sejam quais forem as provadas circunstâncias" uma pena de prisão não substituída por multa, uma vez que tal critério "automático e inflexível" equivaleria ao desprezo do que a lei estabelece nos artigos 84 e 86 do Código Penal aplicável. III - A amplitude punitiva que o artigo 46, nº 1 do Código da Estrada prevê para os que reincidam na condução de veículos automóveis sem possuir carta que os habilite, tem explicação, justamente na grande variedade de situações integradoras da respectiva contravenção, a atender na definição da maior ou menor culpa do agente que sempre terá de servir para determinação concreta da pena. IV - Assim justifica-se que seja punido em 210000...
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