Decreto-Lei n.º 28/79, de 22 de Fevereiro de 1979
Decreto-Lei n.º 28/79 de 22 de Fevereiro O fenómeno da criminalidade ligado ao furto, roubo e outras formas violentas de crimes patrimoniais está relacionado com os mais variados factores que a moderna criminologia procura descrever e analisar.
Dentro deles destaca-se, porém, o estímulo ou favorecimento dado aos autores daqueles crimes pela actividade de certo número de pessoas que adquirem objectos criminosamente obtidos, por preços sem qualquer espécie de proporção com o seu valor real: é o fenómeno da receptação ou do chamado favorecimento real.
A punição dessas actividades como infracção criminal depende, todavia, na maioria dos sistemas, da existência de dolo, por vezes específico, de que é elemento constitutivo o conhecimento da proveniência criminosa do objecto da receptação.
Algumas legislações, para evitar dificuldades de prova de tal elemento, estabelecem presunções in re ipsa, de que são exemplos, entre outros, o sistema inglês e o alemão antes da sua recente reforma.
Tal caminho não está, todavia, isento de críticas e dificuldades.
Uma coisa, entretanto, é a punição de uma actividade como crime, outra o seu enquadramento contravencional ligado à violação do dever normal de informação, em face das circunstâncias, na medida em que cria um perigo longínquo e indeterminado (bens patrimoniais pessoais, meios violentos, organizações criminosas ...) de violação de bens jurídicos.
Ideia paralela é, aliás, consagrada em muitos sistemas...
Para continuar a ler
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