Acórdão nº 9210622 de Court of Appeal of Porto (Portugal), 06 de Janeiro de 1993
Magistrado Responsável | VAZ DOS SANTOS |
Data da Resolução | 06 de Janeiro de 1993 |
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 / TEORIA GERAL.
Legislação Nacional: CP82 ART72 N2 ART142 N1 ART144 N2. CPP87 ART403 N1 N2 C.
Jurisprudência Nacional: AC STJ DE 1985/12/18 IN BMJ N352 PAG220. AC STJ DE 1987/11/11 IN BMJ N371 PAG226. AC STJ DE 1987/11/25 IN BMJ N371 PAG255. AC STJ DE 1988/12/07 IN BMJ N382 PAG304. AC STJ DE 1989/02/22 IN BMJ N384 PAG552. AC STJ DE 1990/06/27 IN CJ T3 ANOXV PAG24. AC STJ DE 1990/10/31 IN CJ T4 ANOXV PAG34. AC STJ DE 1991/12/18 IN DR IS-A 1992/02/08.
Sumário: I - Na descrição do tipo de crime do número 2 do artigo 144 do Código Penal configura-se uma situação de perigo presumido ou abstracto em que, tendo em atenção o modo de execução da ofensa ( utilização de meios particularmente perigosos ou insidiosos ou meio que se traduza na prática de um crime de perigo comum ) ou a pluralidade de agentes ( juntamente com 3 ou mais pessoas ), tudo a facilitar o empreendimento criminoso e a dificultar as possibilidades de defesa da vítima, o legislador, de acordo com os juízos de normalidade, faz presumir " juris et de jure ", nessas situações, a existência do perigo. II - Tais circunstâncias modificativas não têm que se verificar cumulativamente; cada uma contém em si uma perigosidade acrescida pelo que bastará uma delas para se ter como preenchido o tipo de crime descrito. III - Meio particularmente perigoso é todo aquele que...
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