Acórdão nº 041723 de Supremo Tribunal de Justiça (Portugal), 03 de Maio de 1991
| Magistrado Responsável | PINTO BASTOS |
| Data da Resolução | 03 de Maio de 1991 |
| Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR CRIM - CRIM C/PATRIMONIO / TEORIA GERAL.
Legislação Nacional: CP82 ART296 ART297 N2 E. CPP87 ART409.
Jurisprudência Nacional: AC STJ DE 1986/12/03 IN CJ ANOV PAG167. AC STJ DE 1987/07/21 IN BMJ N369 PAG376. AC STJ DE 1988/01/13 IN BMJ N373 PAG279. AC STJ DE 1990/03/21 IN CJ ANOII PAG15.
Sumário : I - A qualificação da alinea e) do n. 2 do artigo 297 do Codigo Penal basta-se com a pratica repetida de infracções da mesma natureza, ficando alguma margem de criterio para que os julgadores decidam se o numero de infracções e tão frequente no arguido que nele ja deva considerar um habito, no sentido etico-social. II - Evidentemente que a pratica repetida de furtos torna o agente mais desinibido e habilitado, tornando-o, por isso, mais perigoso, quer porque os seus sentimentos ficam cada vez mais embotados, quer porque vai...
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