Acórdão nº 0277253 de Court of Appeal of Lisbon (Portugal), 14 de Abril de 1992
Magistrado Responsável | LEONARDO DIAS |
Data da Resolução | 14 de Abril de 1992 |
Emissor | Court of Appeal of Lisbon (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: PROVIDO.
Área Temática: DIR CRIM - TEORIA GERAL.
Legislação Nacional: CP886 ART7 ART421 ART432 ART435 N2 . CCIV66 ART130 ART 122. DL 78/87 DE 1987/02/17 ART7.
Jurisprudência Nacional: AC STJ DE 1981/01/21 IN BMJ N303 PAG162. AC STJ DE 1983/07/13 IN BMJ N329 PAG396.
Sumário: I - A penalidade relativa ao crime de roubo (arts. 421, 432 e 435, n. 2, do CP886) vai de 2 a 8 anos de prisão maior. Está provado que a responsabilidade penal dos réus, que, livremente conscientes de a sua conduta ser proibida (o terem ingerido álcool antes não autoriza, sem mais, a inferir a sua embriaguez, mesmo incompleta), assim determinaram a sua vontade, não é agravada por quaisquer circunstâncias de carácter geral; agiram com dolo, de média intensidade; não são os meios empregados particularmente perigosos, mas as suas consequências foram relativamente graves; a natureza reparável dos danos e a própria recuperação do fio de prata e do relógio são pouco significativas, se ponderarmos o que não está provado, designadamente o bom comportamento anterior, o arrependimento, a reparação espontânea dos demais danos causados; eles, mais tarde, foram condenados pela prática de outros crimes, - donde se não pode deduzir a ocasionalidade da conduta; não há bom...
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