Acórdão nº 9321188 de Court of Appeal of Porto (Portugal), 04 de Maio de 1994
| Magistrado Responsável | JUDAK FIGUEIREDO |
| Data da Resolução | 04 de Maio de 1994 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO. CONFIRMADA A SENTENÇA.
Área Temática: DIR CRIM - CRIM C/PESSOAS / TEORIA GERAL.
Legislação Nacional: CP82 ART31 N2 B ART164 ART166 ART168 N1. EOADV84 ART89. CONST92 ART13 ART32 N2 ART37 N1.
Jurisprudência Nacional: AC RP DE 1984/10/24 IN CJ T4 ANOIX PAG252.
Sumário: I - Basta a prova do dolo genérico para a imputação do crime de difamação, ou seja, basta que o agente tenha imputado voluntariamente a alguém factos ofensivos da sua honra e consideração com a perfeita consciência de que os mesmos iam produzir ofensa de honra e consideração do atingido. II - O dolo não é susceptível de apreensão directa por pertencer ao foro íntimo de cada um, pelo que só pode ser captado através de presunções legais, em conexão com o princípio da normalidade e as regras da experiência que permitam inferi-lo...
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