Acórdão nº 9540249 de Court of Appeal of Porto (Portugal), 03 de Maio de 1995
| Magistrado Responsável | FONSECA GUIMARÃES |
| Data da Resolução | 03 de Maio de 1995 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: PROVIDO. REVOGADA A DECISÃO.
Área Temática: DIR CRIM - CRIM C/PESSOAS.
Legislação Nacional: CP82 ART176 N1 N2. CONST92 ART26 ART34. DL 797/76 DE 1976/11/06 ART9 C. DRGU 56/79 DE 1979/09/22.
Jurisprudência Nacional: AC RP PROC9230101 DE 1992/03/18. AC RP DE 1992/10/21 IN CJ T4 ANOXVII PAG277.
Sumário: I - No artigo 176 do Código Penal, o bem jurídico protegido é a inviolabilidade do domicílio e o direito à intimidade pessoal, no fundo a reserva de vida privada de quem efectivamente está a habitar a casa; nele não está em causa a propriedade ou o património nem sequer a titularidade formal da casa que foi alvo de introdução abusiva. II - Assim, um agente da Polícia de Segurança Pública a quem foi atribuida uma casa como " casa de função " incorrerá na prática daquele tipo legal de crime se, na pendência de uma...
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