Acórdão nº 039498 de Supremo Tribunal de Justiça (Portugal), 20 de Abril de 1988
Magistrado Responsável | MANSO PRETO |
Data da Resolução | 20 de Abril de 1988 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: PROVIDO.
Área Temática: DIR CRIM - CRIM C/SOCIEDADE / TEORIA GERAL.
Legislação Nacional: OTM62 ART190 N1. CP82 ART128 ART197 E ART198. CPP87 ART34. CCIV66 ART806 N1 N2 ART804 ART805.
Sumário : I - Os direitos pessoais familiares, por virtude da sua natureza intrinseca, subordinam-se a um regime diferente, em varios aspectos, do aplicavel a generalidade dos direitos de credito o dos direitos reais, sendo irrenunciaveis, intransmissiveis, de caracter duradouro e de exercicio obrigatorio. II - Por isso que a violação de algum desses direitos-deveres seja atribuida, em dado condicionalismo, a dignidade de infracção criminal, em homenagem a relevancia do interesse ofendido, como sucede nos artigos 190, n. 1, da Organização Tutelar de Menores e 197. e 198. do Codigo Penal, situações em que a ordem juridica entende que a protecção do bem juridico em causa se não satisfaz - ou não se satisfaz somente - pelo recurso aos meios civeis, antes criminalizando as condutas que o violam ou constituem perigo da sua violação. III - Porem, a especificidade da aludida infracção criminal não prejudica o arbitramento de indemnização pelos danos dela resultantes para o menor titular do bem juridico tutelado. IV - Ora, no caso concreto não se oferecem duvidas...
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