Acórdão nº 0297863 de Court of Appeal of Lisbon (Portugal), 17 de Fevereiro de 1993
| Magistrado Responsável | DIAS DOS SANTOS |
| Data da Resolução | 17 de Fevereiro de 1993 |
| Emissor | Court of Appeal of Lisbon (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: PROVIDO.
Área Temática: DIR CRIM. DIR PROC PENAL.
Legislação Nacional: CP82 ART302 N3 ART313 ART316 N1 C N2. CCIV66 ART7 N3. DL 108/78 DE 1978/05/24 ART1 ART5 N2. DL 39780 DE 1954/08/21 ART39 ART43. CP886 ART451. DL 17/91 DE 1991/01/10 ART7 ART10.
Jurisprudência Nacional: AC STJ DE 1987/05/13 IN BMJ N367 PAG302.
Sumário: I - O accionamento dos meios de tutela penal da actividade de transporte colectivo de passageiros (autocarros, troleicarros, carros eléctricos, metropolitano de Lisboa e transportes fluviais) está na total e absoluta disponibilidade das empresas concessionárias: quanto à contravenção, diferindo-lhe o direito e a forma da sua fiscalização; quanto ao crime, impondo-lhe a iniciativa da perseguição penal, pois reveste natureza semi-pública. II - Assim, às concessionárias cabe decidir do nível e natureza da censura, que pretendem ver aplicadas ao infractor (o utente do transporte...
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