Acórdão nº 9050862 de Court of Appeal of Porto (Portugal), 30 de Janeiro de 1991
| Magistrado Responsável | JUDAK FIGUEIREDO |
| Data da Resolução | 30 de Janeiro de 1991 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: ANULADO O JULGAMENTO.
Área Temática: DIR CRIM - CRIM C/PESSOAS. DIR PROC PENAL.
Legislação Nacional: CP82 ART202 N1. CPC67 ART712 N2. CPP29 ART1 PARÚNICO.
Sumário: I - Pratica o crime de violação quem tiver cópula com mulher oligofrénica incapaz de se auto-governar, cuja capacidade de avaliação do sentido moral da cópula e de determinação de acordo com a mesma se encontra, nessa medida, diminuida. II - Sendo o exercício da liberdade sexual um aspecto do auto-governo da pessoa e constando de uma das respostas aos quesitos que a ofendida padece de oligofrenia que a incapacita de se auto-governar, e de outra que é portadora de nível suficiente para avaliar que lhe era inconveniente a cópula, em especial com homem casado, tais respostas do Colectivo são contraditórias entre si e não esclarecedoras quanto ao grau de desenvolvimento mental da ofendida. III - E sendo essencial à valoração jurídico-criminal da conduta do Réu, apurar se a capacidade...
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