Acórdão nº 045986 de Supremo Tribunal de Justiça (Portugal), 10 de Fevereiro de 1994
Data | 10 Fevereiro 1994 |
Órgão | http://vlex.com/desc1/1997_01,Supreme Court of Justice (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR CRIM - CRIM C/PATRIMÓNIO / TEORIA GERAL.
Legislação Nacional: CP82 ART30 N2 ART72 ART136 ART297 N1 N2 D. CP886 ART102.
Jurisprudência Nacional: AC STJ DE 1987/07/21 IN BMJ N379 PAG386. AC STJ DE 1990/03/21 IN BMJ N395 PAG297. AC STJ DE 1988/11/09 IN CJ XIII TV PAG9. AC STJ DE 1992/11/18 IN CJ XVII TV PAG15.
Sumário : I - É jurisprudência assente do Supremo Tribunal de Justiça que, acrescendo à introdução em casa alheia qualquer das outras circunstâncias qualificativas do furto, previstas nos ns. 1 e 2 do artigo 297 do Código Penal, o crime de introdução em casa alheia autonomiza-se, verificando-se um concurso efectivo de crimes. II - Diversamente verifica-se um concurso aparente entre o crime de introdução em casa alheia por arrombamento e o de dano, na medida em que o arrombamento, integrando a materialidade do dano é simultâneamente elemento constitutivo do crime de introdução em casa alheia. III - Os interesses protegidos nos dois crimes são essencialmente distintos: no furto, a...
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