Acórdão nº 038004 de Supremo Tribunal de Justiça (Portugal), 06 de Novembro de 1985
Data | 06 Novembro 1985 |
Órgão | http://vlex.com/desc1/1997_01,Supreme Court of Justice (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR CRIM - CRIM C/SOCIEDADE.
Legislação Nacional: CP886 ART166 PAR1 PAR2 ART410. CP82 ART164 ART165 N1 ART166 ART167 N1 A N2 ART168 N1. CONST76 ART36. DL 85-C/75 DE 1975/02/26 ART25 ART28 N7.
Sumário : I - Um artigo de jornal intitulado "O exemplo do primeiro-ministro encoraja banditismo no Ministerio da Agricultura e Pescas" e objectivamente injurioso, ofensivo da honra e consideração do visado, para mais se tal afirmação e reforçada no texto, especialmente atraves do uso da expressão "trata-se de mais um caso de banditismo governamental". II - Quando se escreve que o exemplo do primeiro-ministro encoraja o banditismo e porque o atingido, no conceito do jornalista, e um bandido, expressão que significa um malfeitor, individuo que, a margem da lei vive dos ataques ao que e de outrem. III - As referidas expressões integravam o conceito de injuria do artigo 410 do Codigo Penal de 1886 e preenchem agora o conceito de ofensa a honra e consideração do artigo 164 do Codigo Penal de 1982. IV - Se ja no dominio do Codigo Penal de 1886, no crime de injuria bastava o dolo directo ou intenção para integrar o elemento subjectivo, tal resulta claramente dos artigos 164 e 165 do Codigo Penal de 1982 que manifestamente não incluem, entre os elementos integrantes dos crimes de difamação e injuria, o dolo especifico. V - A liberdade de expressão e de opinião consagrada nos artigos 37 e 38 da Constituição da Republica e a conhecida veemencia da linguagem politica não afastam a existencia do crime, porque tais direitos tem limites que, se excedidos, fazem incorrer os seus autores em responsabilidade, sendo certo que o n. 3 daquele artigo 37 preve o cometimento de infracções no exercicio desse direito, estabelecendo que ficam submetidas aos principios de direito criminal, infracções essas que podem consistir na ofensa a outros direitos...
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