Acórdão nº 9640656 de Court of Appeal of Porto (Portugal), 18 de Dezembro de 1996
Magistrado Responsável | TEIXEIRA PINTO |
Data da Resolução | 18 de Dezembro de 1996 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC CONTRAORDENACIONAL.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR ORDEN SOC.
Legislação Nacional: CPP87 ART379. DL 433/82 DE 1982/10/27 ART58. DL 74/90 DE 1990/03/07 ART41 N1 ART49 N1 N2. DL 70/90 DE 1990/03/02 ART23 N1 N. DL 46/94 DE 1994/02/22 ART36 N1 N2 ART86 N1 V X N2 C.
Sumário: I - Não sendo legítimo aplicar subsidiariamente o disposto no artigo 379 do Código de Processo Penal à decisão administrativa que aplica uma coima, dado esta não constituir uma sentença, nem sendo a inobservância do disposto no artigo 58 do Decreto-Lei 433/82 sancionada como nulidade, apenas existe uma irregularidade se a decisão não contiver algum dos elementos aí exigidos. II - A descarga de águas residuais industriais para campos e ribeiro, sem licença, com prejuízo para agricultura e desaparecimento de peixes, integra duas contra-ordenações: uma prevista e punida pela conjugação dos artigos 41 n.1 e 49 n.2 do Decreto- -Lei n. 74/90 ( descarga sem a licença...
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