Acórdão nº 9150543 de Court of Appeal of Porto (Portugal), 11 de Dezembro de 1991
| Data | 11 Dezembro 1991 |
| Órgão | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: PROVIDO. REVOGADA A DECISÃO.
Área Temática: DIR PROC PENAL.
Legislação Nacional: DL 2/78 DE 1978/01/09. L 25/81 DE 1981/08/21 ART8. CP82 ART184 ART185. DL 430/83 DE 1983/12/13 ART50. L 45/86 DE 1986/10/01 ART6. CPP87 ART135 N2 ART181 ART182.
Sumário: I - O Decreto-Lei numero 2/78, de 9 de Janeiro, consagra o segredo bancario e o correlativo dever de sigilo por parte dos funcionarios das instituições de credito, estando a sua violação criminalmente tipificada no artigo 184 do Codigo Penal. II - Este segredo não e absoluto, podendo ser infringido com o consentimento do cliente a quem beneficia, e a sua quebra e expressamente admitida nos artigos 50 do Decreto-Lei 430/83, de 13 de Dezembro (trafico de estupefacientes), 6 da Lei numero 45/86, de 1 de Outubro (dever de cooperação com a Alta Autoridade contra a Corrupção) e 8 da Lei numero 25/81 de 21 de Agosto (instrução de processos por emissão de cheques sem provimento). III - Se pela ponderação dos interesses em jogo e pela adequação do meio ao fim visado, o...
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