Acórdão nº 037437 de Supremo Tribunal de Justiça (Portugal), 19 de Dezembro de 1984
| Magistrado Responsável | COSTA FERREIRA |
| Data da Resolução | 19 de Dezembro de 1984 |
| Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR CRIM - TEORIA GERAL.
Legislação Nacional: CP82 ART72.
Sumário : I - O criterio da graduação das penas em concreto, no tocante ao ponto de partida para o efeito, não e o mesmo no Codigo Penal de 1886 e no Codigo Penal vigente. II - Naquele partia-se em regra do minimo da pena abstractamente estabelecida no preceito incriminador e, seguidamente, considerava-se o valor das circunstancias agravantes e atenuantes e, consoante a prevalencia do de umas sobre as outras, elevava-se ou não esse minimo. III - No Codigo Penal vigente porque as penas se encontram actualizadas - por que são fixadas em abstracto tendo em...
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