Acórdão nº 9940318 de Court of Appeal of Porto (Portugal), 05 de Maio de 1999
| Magistrado Responsável | FERNANDO FROIS |
| Data da Resolução | 05 de Maio de 1999 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO.
Indicações Eventuais: CITA FIGUEIREDO DIAS IN DIREITO DE INFORMAÇÃO E TUTELA DA HONRA NO DIREITO PENAL DE IMPRENSA PORTUGUÊS PAG136 PAG170.
Área Temática: DIR CRIM - CRIM C/PESSOAS.
Legislação Nacional: CP95 ART180 N2 A B.
Jurisprudência Nacional: AC RL DE 1986/07/09 IN CJ T4 ANOXI PAG193. AC RP DE 1987/01/09 IN CJ T1 ANOXII PAG275. AC RC DE 1989/03/01 IN CJ T2 ANOXIV PAG76.
Sumário: I - No caso de difamação cometida em articulado processual é possível configurar três situações: ou o advogado transfere para a peça processual o que o cliente lhe disse depois de o advertir das consequências que daí podem resultar e ambos serão co-autores; ou por ser alvedrio e entendimento é apenas o advogado o autor do escrito, sendo o advogado o autor do crime; ou o cliente relata factos que sabe não serem verdadeiros para que o advogado os transfira para o articulado no convencimento de que eram verdadeiros, e que, dessa forma, não integrariam qualquer crime, sendo o crime apenas do...
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