Acórdão nº 040817 de Supremo Tribunal de Justiça (Portugal), 26 de Abril de 1990
Magistrado Responsável | FERREIRA DIAS |
Data da Resolução | 26 de Abril de 1990 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR CRIM - CRIM C/ESTADO.
Legislação Nacional: DL 32171 DE 1942/07/29 ART12. CP82 ART72 ART400 N2. CONST76 ART13 ART18 ART46 ART55 ART64. DESP DE 1972/01/28. DESP DE 1982/07/30.
Jurisprudência Nacional: AC STJ DE 1987/10/21 IN BMJ N370 PAG316.
Sumário : I - Vindo o reu, ha varios anos, a intitular-se e a exercer actos proprios da profissão de odontologista, no seu consultorio, em que apos uma placa de " dentista ", sem que para tal estivesse munido do competente titulo, ou na posse das condições exigidas por lei para o desempenho de tal profissão, designadamente a frequencia de um curso de reciclagem com avaliação de conhecimentos e, obtido aproveitamento, a inscrição na Ordem dos Medicos ou no Sindicato Nacional dos Odontologistas, bem sabendo ele que tais requisitos eram condição " sine qua non " do exercicio daquela actividade profissional, mostra-se configurada a pratica, na forma continuada, do crime previsto no artigo 400, n. 2 do Codigo Penal e artigo 12 do Decreto-Lei n. 32171, de 29 de Julho de 1942. II - A lei constitucional, estabelece, em principio, uma proibição de diferenciações ou discriminações, ao consagrar no artigo 13 o principio da igual dignidade social ou dignidade humana, que implica a igualdade perante a lei. III - Os...
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