Acórdão nº 038820 de Supremo Tribunal de Justiça (Portugal), 25 de Fevereiro de 1987
Data | 25 Fevereiro 1987 |
Órgão | http://vlex.com/desc1/1997_01,Supreme Court of Justice (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: PROVIDO.
Área Temática: DIR CRIM - TEORIA GERAL / CRIM C/PESSOAS / CRIM C/PATRIMONIO. DIR CIV - TEORIA GERAL. DIR PROC PENAL. DIR PROC CIV.
Legislação Nacional: CP886 ART330 PAR1. CP82 ART26 ART30 N1 ART78 N1 N2 ART114 N2 ART160 N1 N2 G ART201 N1 N3 ART211 N2 ART296 ART297 N2 H ART306 N1 N5. CCIV66 ART6. CPP29 ART56 ART57 ART58 ART447 ART448 ART663 ART665 ART667 PAR1 N1. CPC61 ART712 N1. L 16/86 DE 1986/06/11 ART13 N1 B.
Sumário : I - E tal o apreço pelo bem juridico liberdade, que o legislador se não contentou em prever, no artigo 160 do Codigo Penal, os casos tipicos de desrespeito por ele - "detenção", "prisão", ou "manutenção" destes estados -, levando o seu cuidado ao ponto de aos referidos tipos aditar a previsão generica da privação da liberdade "de qualquer forma". II - Assim, e de concluir que incorre naquele preceito quem consciente e voluntariamente afecte a livre circulação de outrem, sem poderes para o fazer, não sendo hoje de excluir a "simples retenção", anteriormente equiparada a ofensa corporal (artigo 330, paragrafo 1, do Codigo Penal de 1886), e, por redobrada razão, e de incluir qualquer conduta que não deixe o cidadão em toda a sua liberdade. III - A area de liberdade calcada pelo autor do crime do artigo 201, n. 1, pode ser menos extensa que a desrespeitada pelo artigo 160, n. 1, bastando, acola, que a mulher seja, contra a sua vontade, privada da...
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