Acórdão nº 041376 de Supremo Tribunal Administrativo (Portugal), 16 de Janeiro de 1991 (caso None)
Magistrado Responsável | FERREIRA VIDIGAL |
Data da Resolução | 16 de Janeiro de 1991 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decis„o: NEGADO PROVIMENTO.
¡rea Tem·tica: DIR CRIM - CRIM C/PATRIMONIO. DIR PROC PENAL.
LegislaÁ„o Nacional: CPP87 ART402 N2 A ART403 N2 A N3 ART433. CONST82 ART34 ART62 N1. CP82 ART72 ART297 D H N3. DL 401/82 DE 1982/09/23 ART4.
JurisprudÍncia Nacional: AC STJ DE 1987/11/25 IN BMJ N371 PAG245.
Sum·rio : I - Em principio, o recurso interposto de uma sentenÁa abrange toda a decis„o, salvo se for fundado em motivos estritamente pessoais, o recurso interposto por um dos arguidos, em caso de comparticipaÁ„o aproveitar aos restantes. II - E admissivel a limitaÁ„o do recurso a materia penal, com exclus„o da materia civel indemnizatoria, nos termos do artigo 403 do Codigo de Processo Penal. III - A puniÁ„o do furto e a da introduÁ„o em casa alheia visa a tutela e defesa de interesses autonomos, ambos de raiz constitucional. A do primeiro, a defesa do patrimonio; a do segundo a defesa da inviolabilidade do domicilio. IV - Quando o crime de furto for cometido por duas pessoas e mediante entrada em casa alheia - alineas...
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