Acórdão nº 041671 de Supremo Tribunal de Justiça (Portugal), 24 de Abril de 1991
| Magistrado Responsável | PINTO BASTOS |
| Data da Resolução | 24 de Abril de 1991 |
| Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR CRIM - CRIM C/PESSOAS.
Legislação Nacional: CPP29 ART666. CP82 ART48 N1 ART165 ART168 N2 ART174 ART437 N1. CADM40 ART143 N2 ART151 - ART154 ART621 PAR2 ART643 - ART649.
Jurisprudência Nacional: AC STJ DE 1956/10/31 IN BMJ N60 PAG539. AC STJ DE 1968/07/17 IN BMJ N179 PAG106.
Sumário : I - Apenas se a materia de facto provada pelas instancias não for de qualquer modo, suficiente para alicerçar a decisão de direito, e que o Supremo Tribunal de Justiça pode fazer voltar o processo a 2 instancia, para que a materia de facto seja ampliada nos pontos omissos. II - Comete o crime de injurias previsto e punido pelo artigo 165 do Codigo Penal, quem injuriar outrem, dirigindo-lhe palavras ofensivas da sua honra e consideração. III - Aquele crime sera agravado se o ofendido for funcionario, e depende de queixa do ofendido. IV - Conforme o disposto no artigo 371 do Codigo Penal, para efeitos da lei penal a expressão funcionario abrange o funcionario civil e o agente administrativo. V - Segundo o...
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