Acórdão nº 97P1113 de Supremo Tribunal de Justiça (Portugal), 19 de Fevereiro de 1998
| Magistrado Responsável | COSTA PEREIRA |
| Data da Resolução | 19 de Fevereiro de 1998 |
| Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR CRIM - CRIM C/SOCIEDADE / CRIM C/PESSOAS.
Legislação Nacional: DL 15/93 DE 1993/01/22 ART21 ART30 N1 N2 ART40.
Sumário : I - Comparando os preceitos dos ns. 1 e 2 do artigo 30 do DL 15/93, vê-se com facilidade que enquanto o primeiro se refere a edifícios e locais públicos, o segundo, por contraposição e quase exclusão de partes, só pode contemplar os edifícios e locais privados. Sem necessidade de grandes indagações filológicas, o conceito de "edifício", utilizado no citado n. 2, abrange perfeitamente a "casa de morada de família", sem que se possa dizer que se está a ultrapassar a zona dos limites da interpretação meramente declarativa. II - No crime previsto no artigo 30 do DL 15/93, o elemento...
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