Acórdão nº 9050790 de Court of Appeal of Porto (Portugal), 03 de Abril de 1991
| Magistrado Responsável | FONSECA GUIMARÃES |
| Data da Resolução | 03 de Abril de 1991 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: PROVIDO PARCIALMENTE. ALTERADA A DECISãO.
Área Temática: DIR CRIM - CRIM C/PESSOAS.
Legislação Nacional: CP82 ART46 N2 ART71 ART142 N1.
Sumário: I - Nos termos do artigo 71, do Codigo Penal, deve o tribunal dar preferencia fundamentada a aplicação de pena não privativa da liberdade, sempre que ela se mostre suficiente para promover a recuperação social do delinquente e satisfaça as exigencias de reprovação e de prevenção do crime. II - E exagerada a pena de seis meses de prisão aplicada, pela pratica do crime do artigo 142, numero 1, do Codigo Penal, de que não resultou incapacidade, a delinquente primario, com bom comportamento e que agiu na sequencia de provocação sob a forma de injurias graves. III - Peca por defeito, considerando que os seus limites foram estabelecidos ha ja...
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