Acórdão nº 9240008 de Court of Appeal of Porto (Portugal), 21 de Março de 1992
| Magistrado Responsável | FONSECA GUIMARÃES |
| Data da Resolução | 21 de Março de 1992 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR CRIM - TEORIA GERAL.
Legislação Nacional: CP82 ART16 N1 N2 ART31 N2 B ART177 ART308. CPP87 ART283 N2 ART308 N1.
Sumário: A existencia de dolo e imprescindivel a configuração dos tipos legais de crime de dano ( artigo 308, do Codigo Penal ) e de introdução em lugar vedado ao publico ( artigo 177, do mesmo diploma ). O erro quanto a existencia de causa de exclusão da ilicitude - actuação no exercicio de um direito - afasta o dolo ( cfr. artigos 16, ns. 1 e 2, e 31, n. 2...
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