Acórdão nº 0409771 de Court of Appeal of Porto (Portugal), 21 de Novembro de 1990
| Data | 21 Novembro 1990 |
| Órgão | 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 ART165 N1 ART168 N2 ART437. DL 371/83 DE 1983/06/10 ART4.
Sumário: I - O conceito de "funcionário" para efeitos penais é-nos dado pelo artigo 437 do Código Penal, sendo tal conceito mais amplo que o conceito administrativo de funcionário e mais amplo do que constava do Código Penal de 1986; II - O Decreto-Lei n. 371/83, de 06/10, veio equiparar a funcionários os titulares dos órgãos e os funcionários da administração autárquica, regional e local - artigo 4 do citado Decreto-Lei; III - Nesses termos, para efeitos penais, o presidente ou o secretário de uma junta de freguesia são considerados funcionários; IV - Daí que, presentes os demais elementos do...
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