Acórdão nº 0282723 de Court of Appeal of Lisbon (Portugal), 30 de Setembro de 1992
Magistrado Responsável | ROCHA MOREIRA |
Data da Resolução | 30 de Setembro de 1992 |
Emissor | Court of Appeal of Lisbon (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: PROVIDO.
Área Temática: DIR CRIM - TEORIA GERAL. DIR ECON - DIR TRANSP.
Legislação Nacional: CP82 ART316 N1 C. DL 108/78 DE 1978/05/24 ART2 ART5. DL 39780 DE 1954/08/21 ART39 ART43. PORT 1116/80 DE 1980/12/31. DL 400/82 DE 1982/09/23 ART6. L 16/86 DE 1986/06/11. L 23/91 DE 1991/07/04.
Sumário: I - Estão em vigor o Decreto-Lei n. 39780, de 1954/08/21, Decreto-Lei n. 108/78, de 24 de Maio, artigos 2 a 5, e Portaria n. 1116/80, de 31 de Dezembro, porque não foram expressamente revogados, designadamente pelo artigo 6 do Decreto-Lei n. 400/82, de 23 de Setembro, e porque as Leis 16/86, de 11 de Junho, e 23/91, de 4 de Julho, expressamente amnistiam as contravenções previstas nos artigos mencionados daqueles Decretos-Lei, sendo que não teria sentido amnistiar infracções previstas em diplomas legais revogados. II - Entre o Código Penal (artigo 316, n. 1, alínea c) e os referidos Decretos-Lei existe uma relação de especialidade. III - O crime do artigo 316, n. 1, alínea c)...
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