Acórdão nº 0124012 de Court of Appeal of Porto (Portugal), 16 de Maio de 1990
| Magistrado Responsável | RAMIRO CORREIA |
| Data da Resolução | 16 de Maio 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 ART205 N2.
Sumário: Nos crimes de atentado ao pudor consensuais somente em face de um comportamento anormal da vítima e, não por força do consentimento, é que poderá chegar-se à ideia da atenuação da pena, exigindo-se que se demonstre que, por efeito daquele comportamento, diminuiu o grau de liberdade do agente em confronto com a média. No crime do artigo 205, nº 2 do Código Penal de 1982, a pena aplicada deve ser de prisão efectiva pois assim o exige a adequada tutela...
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