Acórdão nº 038640 de Supremo Tribunal de Justiça (Portugal), 19 de Novembro de 1986
| Magistrado Responsável | QUESADA PASTOR |
| Data da Resolução | 19 de Novembro de 1986 |
| Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR CRIM - TEORIA GERAL.
Legislação Nacional: CP886 ART67 PAR1 ART451 N3. CP82 ART22 ART23 ART313 ART314 A B C. L 16/86 DE 1986/06/11 ART13 N1 B N2.
Jurisprudência Nacional: AC STJ PROC37302 DE 1984/05/03.
Sumário : I - Embora não exista hoje um conceito legal de habitualidade como existia no artigo 67 parágrafo 1 do Código Penal de 1886, tem-se por correcto entender que o conceito de habitualidade constante do artigo 314, alínea a) do Código Penal, há-de resultar da ponderação do significado do próprio vocábulo e do conhecimento que as disciplinas criminológicas oferecem, a permitir, portanto, encontrar tal circunstância numa reiteração de actos delituosos da mesma índole, visível no passado do agente e na actualidade e na sugestão por ela dada de uma maneira peculiarmente ilícita de o mesmo agente estar na vida e de se conduzir, que a sua...
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