Acórdão nº 0298483 de Court of Appeal of Lisbon (Portugal), 17 de Fevereiro de 1993
Magistrado Responsável | ARMINDO MONTEIRO |
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 ART316 N1 C. DL 39780 DE 1954/08/21 ART39 ART43. DL 108/78 DE 1978/05/24 ART1 ART3 ART4 ART8. CPP29 ART166. L 16/86 DE 1986/06/11 ART1 U V. L 23/91 DE 1991/07/04 ART1 AA Y. DL 17/91 DE 1991/01/10 ART6 N1. LOTJ87 ART76 N1. DL 400/82 DE 1982/09/23 ART6 ART7.
Jurisprudência Nacional: AC STJ DE 1987/10/21 IN BMJ N370 PAG312.
Sumário: I - No âmbito de aplicação do artigo 316, n. 1, alínea c), do Código Penal se prevêem os casos dolosos, de abusiva utilização do meio de transporte público colectivo de passageiros, ao passo que o Decreto-Lei 108/78, de 24/5, é reservado para os casos de negligência, por inobservância de um dever de cuidado exigível, à imagem do que sucede com as normas dos artigos 39 e 43 do Regulamento de Exploração e Polícia dos Caminhos de Ferro (DL 39780, de 1954/08/21), para a utilização dos transportes ferroviários: para o Código Penal, ficam os casos mais graves, reclamando reacção penal mais severa, por aqui se tratar de utilização intencional; ao invés, o Decreto-Lei 108/78, para as situações relativas ao uso negligente, em que a falta de título se deve a falta de cuidado e diligência na sua obtenção. II - Do auto de notícia, com valia de...
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