Acórdão nº 0023295 de Court of Appeal of Lisbon (Portugal), 09 de Janeiro de 1996
Magistrado Responsável | CABRAL AMARAL |
Data da Resolução | 09 de Janeiro de 1996 |
Emissor | Court of Appeal of Lisbon (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: CONFIRMADA A SENTENÇA.
Área Temática: DIR CRIM - CRIM C/PESSOAS / ABUSO LIBERDADE IMPRENSA.
Legislação Nacional: CP82 ART164 ART167 N2 ART168 N1. CP95 ART180. DL 85-C/75 DE 1975/02/26 ART27 N1 N2 ART28 ART29.
Jurisprudência Nacional: AC RP DE 1986/06/11 IN BMJ N358 PAG606. AC RL DE 1990/10/03 IN CJ ANOXV T4 PAG171. AC STJ DE 1987/07/07 IN BMJ N370 PAG292. AC STJ DE 1988/02/18 IN BMJ N374 PAG218. AC RL DE 1989/10/03 IN CJ ANOXIV T4 PAG165.
Sumário: I - No crime de difamação exige-se tão só como elemento moral o dolo genérico em qualquer das suas formas, directo, necessário ou eventual, isto é, que o agente queira com o seu comportamento ofender a honra ou consideração alheias ou tenha previsto essa ofensa de modo a que a mesma lhe pudesse ser imputada dolosamente. II - Não comete o crime de abuso de liberdade de imprensa o jornalista que divulga factos que podem ser atentórios da honra e consideração de alguém que seja figura pública, se estiver convencido da sua...
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