Acórdão nº 044550 de Supremo Tribunal de Justiça (Portugal), 16 de Junho de 1993
Magistrado Responsável | FERREIRA DIAS |
Data da Resolução | 16 de Junho de 1993 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: PROVIDO.
Área Temática: DIR CRIM - CRIM C/PATRIMÓNIO / TEORIA GERAL.
Legislação Nacional: CPP87 ART433. L 38/87 DE 1987/12/23 ART29. CP82 ART30 N1 ART72 ART78 N1 ART176 N1 N2 ART296 ART297 N1 N2 D H. CONST89 ART34 N1.
Jurisprudência Nacional: AC STJ DE 1962/03/21 IN BMJ N115 PAG255. AC STJ DE 1964/05/20 IN BMJ N137 PAG328. AC STJ DE 1964/12/16 IN BMJ N142 PAG231. AC STJ DE 1965/07/23 IN BMJ N149 PAG223. AC STJ DE 1987/04/01 IN BMJ N366 PAG256. AC STJ PROC39777 DE 1989/04/26. AC STJ PROC40052 DE 1989/05/31. AC STJ PROC40008 DE 1989/06/07.
Sumário : I - Tal como na vigência do Código Penal de 1886, também hoje, no dominío do de 1982, se entende que o crime de introdução em casa alheia concorre - em concurso real - com o de furto, salvo nos casos em que a entrada em casa alheia seja elemento constitutivo de um furto qualificado. II - As normas que estabelecem a regulamentação...
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