Acórdão nº 9410910 de Court of Appeal of Porto (Portugal), 22 de Fevereiro de 1995
Magistrado Responsável | COSTA MORTAGUA |
Data da Resolução | 22 de Fevereiro de 1995 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO. CONFIRMADA A DECISÃO.
Área Temática: DIR CRIM - TEORIA GERAL Legislação Nacional: CP82 ART48 N4 ART49 N1 A N3 ART50. CPP87 ART490. CONST89 ART13 ART18.
Jurisprudência Nacional: AC TC DE 1987/11/04 IN BMJ N371 PAG178.
Sumário: I - Pressuposto material comum à verificação de qualquer uma das consequências de falta de cumprimento dos deveres impostos na sentença do artigo 50, do Código Penal é que o incumprimento tenha ocorrido com culpa; II - A culpa no incumprimento, porém, sendo pressuposto de consequência jurídica, em nada deve influenciar a escolha da medida que o tribunal vai tomar: mesmo esta deve ser função exclusiva das probabilidades, ainda subistentes, de manter o dilinquente afastado da criminalidade no futuro; III - Não tendo o arguido satisfeito no prazo fixado ( 4 meses ) o pagamento ao ofendido da quantia de 3036 contos, acrescida de juros, vivendo do rendimento do seu trabalho antes de preso (100 contos mensais), com família constituida (mulher doméstica e duas filhas menores), e não tendo capacidade económica de cumprir aquele dever, há que concluir que não concorreu com qualquer grau de culpa para o incumprimento dos deveres que lhe foram impostos na sentença; IV - Neste circunstancialismo, sendo a finalidade última a atingir a recuperação do dilinquente, e afastada a sua culpa...
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