Acórdão nº 041862 de Supremo Tribunal de Justiça (Portugal), 26 de Junho de 1991
| Magistrado Responsável | PINTO BASTOS |
| Data da Resolução | 26 de Junho de 1991 |
| Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: PROVIDO.
Área Temática: DIR CRIM - CRIM C/PATRIMONIO.
Legislação Nacional: CP82 ART319.
Jurisprudência Nacional: AC STJ DE 1966/12/07 IN BMJ N162 PAG187. AC STJ DE 1966/12/16 IN BMJ N164 PAG163. AC STJ DE 1974/12/18 IN BMJ N242 PAG183.
Sumário : I - O crime de infidelidade previsto no artigo 319 do Codigo Penal tem por actividade tipica a actuação do agente que, administrando patrimonio alheio e actuando em nome de outrem, prejudica patrimonialmente o representado, tendo como requisitos o dolo especifico e a verificação de prejuizo patrimonial importante. II - O dolo especifico consiste na representação pelo agente do tipo legal do crime com consciencia da ilicitude do seu procedimento e ainda na vontade do efeito verificado ou na consciencia de que o mesmo resulta da sua actividade. III - Não se mostra que haja dolo...
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