Acórdão nº 9050735 de Court of Appeal of Porto (Portugal), 23 de Janeiro de 1991
| Magistrado Responsável | RAMIRO CORREIA |
| Data da Resolução | 23 de Janeiro de 1991 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO. CONFIRMADA A SENTENÇA.
Área Temática: DIR ORDEN SOC.
Legislação Nacional: DL 21/85 DE 1985/01/17 ART15 N1 A B. DL 433/82 DE 1982/10/27 ART11.
Jurisprudência Nacional: AC RP DE 1988/09/28 IN CJ ANOXIII T4 PAG216.
Sumário: I - Exploração de máquina de jogo significa, quer a nível económico, quer a nível normativo, a potencialidade para dela tirar determinado rendimento, usando-a. II - Isto em nada contende com o facto de, eventualmente, em certas ocasiões, a máquina se encontrar desligada, o que pode acontecer por razões meramente conjunturais ligadas à economia empresarial. III - Deve considerar-se em exploração uma máquina em bom estado de funcionamento, situada no estabelecimento de " café " do arguido, muito embora no momento...
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