Acórdão nº 3792/04.4TALRS.L1-5 de Court of Appeal of Lisbon (Portugal), 05 de Novembro de 2009
Data | 05 Novembro 2009 |
Órgão | Court of Appeal of Lisbon (Portugal) |
S Meio Processual: RECURSO PENAL Decisão: NEGADO PROVIMENTO Sumário: I – O recorrente só pode ser convidado a completar ou esclarecer as conclusões da motivação, aperfeiçoando-as, de modo a incluir as especificações do nº 3 do art. 412º CPP quando o “corpo” da motivação já tiver essas especificações, pois, de outro modo, estar-se-ia a permitir-lhe modificar o âmbito do recurso.
II – O texto da motivação constitui, por isso, o limite da correcção possível das conclusões.
III – A especificação das “concretas provas” só se satisfaz com a indicação do conteúdo específico do meio de prova ou de obtenção de prova que impõe decisão diversa da recorrida, devendo ainda o recorrente explicitar por que razão tal prova impõe essa decisão diversa da recorrida.
IV – Como ensina a doutrina o dolo na difamação é o saber se se está a atribuir um facto cujo significado ofensivo do bom nome ou consideração alheia se conhece e querer fazê-lo.
V – Não constando da acusação particular os elementos do dolo como conhecimento e vontade mas apenas a referência a um elemento subjectivo que tina a ver com o...
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