Acórdão nº 9740131 de Court of Appeal of Porto (Portugal), 16 de Abril de 1997
Data | 16 Abril 1997 |
Órgão | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC CONTRAORDENACIONAL.
Decisão: JULGADO EXTINTO O PROCEDIMENTO CRIMINAL.
Área Temática: DIR ORDEN SOC.
Legislação Nacional: DL 433/82 DE 1982/10/27 ART17 N1 ART27 B NA REDACÇÃO DO DL 244/95 DE 1995/09/14. DL 433/82 DE 1982/10/27 ART28 ART32. CP82 ART118 N2 A ART121 N2 N3. CP95 ART119 N2 A.
Jurisprudência Nacional: AC STJ DE 1992/05/07 IN CJ T3 ANOXVII PAG12.
Sumário: I - A contra-ordenação prevista e punida nos artigos 171 n.2 e 191 n.1 do Código de Postura do concelho do Porto ( ocupação sem a necessária licença municipal de um espaço público ) é de natureza permanente e não de consumação instantânea. II - Provado que o arguido desde mês indeterminado do ano de 1991, ininterruptamente, até à data do levantamento do auto de notícia, em 1 de Julho de 1994, procedeu ilicitamente à ocupação de determinado espaço físico, há que concluir que a infracção se consumou nesta última data, verificando-se, porém, a prescrição por terem decorrido mais de dois anos sobre essa consumação. É que sendo de um ano o prazo da prescrição (conforme artigos 17 n.1 e 27 alínea b) do...
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