Acórdão nº 0409267 de Court of Appeal of Porto (Portugal), 03 de Outubro de 1990
| Magistrado Responsável | EMIDIO TEIXEIRA |
| Data da Resolução | 03 de Outubro de 1990 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: PROVIDO PARCIALMENTE. ALTERADA A DECISÃO.
Indicações Eventuais: V. REVISTA DA ORDEM DOS ADVOGADOS 1988 PAG1010.
Área Temática: DIR CRIM - CRIM C/PESSOAS.
Legislação Nacional: CP82 ART165 ART168.
Sumário: I - No regime penal vigente, tanto o crime simples de injúrias ( artigo 165 do Código Penal ), como o crime contra a autoridade ( artigo 168 ) são contra as pessoas, onde é suficiente o dolo genérico, em qualquer das suas formas, directo, necessário, eventual, não se exigindo, aí, qualquer dolo específico; II - Nestes termos, comete tal crime o advogado que, em alegações, dirigindo-se ao juiz afirma ter sido a audiência uma "farsa", que usou de "parcialidade", "manipulou a prova", não "consegue discernir", fazendo da "audiência de julgamento um dia negro para a magistratura", e que "... julgaríamos nunca assistir a uma tal...
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