Acórdão nº 9610967 de Court of Appeal of Porto (Portugal), 11 de Fevereiro de 1998
| Magistrado Responsável | MARQUES SALGUEIRO |
| Data da Resolução | 11 de Fevereiro de 1998 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR PROC PENAL - RECURSOS.
Legislação Nacional: CP82 ART432. L 34/87 DE 1987/07/16 ART12. CPP87 ART1 N1 F ART359 ART379 B.
Jurisprudência Nacional: ASS STJ DE 1993/01/27 IN DR IS-A 1993/03/10. AC TC 445/97 DE 1997/06/25 IN DR IS-A 1997/08/05. AC STJ DE 1987/04/08 IN BMJ N366 PAG276.
Sumário: I - Tendo sido pronunciado o arguido presidente de câmara municipal por crime de abuso de poderes previsto e punido no artigo 432 do Código Penal de 1982 por, além de outros factos enumerados no despacho de pronúncia, não ter executado deliberações da respectiva câmara municipal que promoviam alguns funcionários a categoria superior, recusando mesmo assinar os editais que dariam a essas deliberações eficácia exterior, e julgada improcedente a acusação por falta de prova da intenção de prejudicar ( dolo específico ), não é admissível a convolação para o crime de denegação de justiça previsto e punido no artigo 12 da Lei 34/87, de 16 de Julho, embora menos grave, o...
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