Acórdão nº 9810452 de Court of Appeal of Porto (Portugal), 03 de Fevereiro de 1999
| Magistrado Responsável | BAIÃO PAPÃO |
| Data da Resolução | 03 de Fevereiro de 1999 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: PROVIDO PARCIALMENTE.
Área Temática: DIR CRIM - CRIM C/PESSOAS.
Legislação Nacional: CP95 ART31 N1 N2 B ART39 N2 ART154 N1. PORT 679/77 DE 1977/11/08 N52.
Jurisprudência Nacional: AC STJ DE 1989/05/10 IN CJ T3 ANOXIV PAG22.
Sumário: I - Tendo-se apurado que a arguida, na qualidade de presidente do conselho directivo de uma escola preparatória, no interior do seu gabinete, desferiu 6 bofetadas num aluno de 11 anos de idade, que fora levado á sua presença por uma funcionária dessa escola, pelo facto de ter colocado um pé no banco de cimento e outro na parte do jardim, ficando com a rede da protecção deste último no meio das pernas a fazer de " cavalo " em cima da rede, danificando-a ou sendo susceptível de provocar o argumento dessa danificação, e sendo certo que não eram conhecidos quaisquer actos de indisciplina por parte desse aluno, há que concluir que a arguida agiu à revelia da sua competência disciplinar ( Regulamento aprovado pela Portaria n.679/77, de 8 de Novembro ), não...
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