Acórdão nº 0310286 de Court of Appeal of Porto (Portugal), 22 de Maio de 1990
| Magistrado Responsável | CASTRO RIBEIRO |
| Data da Resolução | 22 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/SOCIEDADE.
Legislação Nacional: CP82 ART388 N1. CPC67 ART860 N3 ART854.
Sumário: I - O normativo do artigo 388, nº 1 do Código Penal só tem aplicação em situações de formalizada desobediência " desprovidas de específica sanção ". II - Assim, não comete o aludido crime, o patrão que notificado para proceder ao desconto de 1/6 do vencimento do executado, o não efectua. III - É que para esta conduta existe específica sanção que é a prevista no artigo 860, nº 3 do Código de Processo Civil: pode o exequente exigir dele a prestação, servindo de título executivo o despacho que ordenou a penhora. IV - As consequências do incumprimento das obrigações do depositário ou do patrão são diferentes, como se verifica dos artigos 854 e 860 do Código de Processo Civil: enquanto para o fiel depositário se prevê procedimento...
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