Acórdão nº 9430446 de Court of Appeal of Porto (Portugal), 08 de Março de 1995
Data | 08 Março 1995 |
Órgão | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR CRIM - TEORIA GERAL / CRIM C/PATRIMÓNIO.
Legislação Nacional: CP82 ART308. CCIV66 ART1394. L 23/91 DE 1991/07/04 ART3 N4.
Jurisprudência Nacional: AC RC DE 1992/01/29 IN CJ T1 ANOXVII PAG110.
Sumário: I - Tendo ficado provado que: a) o arguido procedeu à abertura de uma vala, com início no seu prédio x e termo num outro prédio, também sua propriedade, separado do primeiro por uma estrada; b) nessa vala instalou tubos, pelos quais captou para o segundo dos prédios a água a que o ofendido tinha direito; c) visto que tem constituida no campo x uma servidão de águas a favor do campo anexo z, sua propriedade, para o qual, através de tubo subterrâneo, era conduzida a água da mina existente no primeiro; d) o ofendido se viu assim privado da normal utilização daquelas águas até..., altura em que foi possível a reposição da situação anterior; e) o arguido aqui livre e conscientemente, com intenção de privar completamente o ofendido da normal utilização daquelas águas, bem sabendo do direito daquele à utilização das mesmas, que a sua conduta era proibida e que com a sua actuação...
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