Acórdão nº 0330283 de Court of Appeal of Lisbon (Portugal), 29 de Junho de 1994
Magistrado Responsável | HENRIQUES EIRAS |
Data da Resolução | 29 de Junho de 1994 |
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 ART30 N1 ART36 N1 ART182 N1 N4 ART296 ART313. CONST76 ART34 N1. CPP87 ART49 N1 ART97 N4.
Sumário: I - As decisões jurisdicionais têm de ser sempre fundamentadas. II - O crime descrito no art. 182, n. 1, do Código Penal (CP) compreende a abertura da encomenda, carta ou qualquer outro escrito que se encontre fechado, por pessoa diferente do destinatário, sem consentimento de quem de direito. Este preceito incriminador concretizou o direito fundamental ao segredo da correspondência que já gozava de eficácia directa, nos termos do art. 18, n. 1, com referência ao art. 26, n. 1, ambos da CRP, prescrevendo a sanção penal para a respectiva violação. III - O arguido apoderou-se de cheque que estava no interior do envelope que abriu, contra a vontade do destinatário, e depositou-o na sua...
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