Acórdão nº 97P199 de Supremo Tribunal de Justiça (Portugal), 04 de Dezembro de 1997 (caso NULL)
Magistrado Responsável | SA NOGUEIRA |
Data da Resolução | 04 de Dezembro de 1997 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: PROVIDO.
Área Temática: DIR CRIM - TEORIA GERAL / ABUSO LIBERDADE IMPRENSA.
Legislação Nacional: CP886. CP82. CP95 ART77 N2 ART183 N2. DL 85-C/75 DE 1975/02/26 ART25 N2 A B ART28 N3 ART54. DL 48/95 DE 1995/03/15. L 15/95 DE 1995/05/25.
Sumário : I - No âmbito da aplicação do CP de 1886, os chamados delitos ou crimes de abuso de liberdade de imprensa eram objecto de legislação especial, consubstanciada nas diversas Leis de Imprensa. II - Com a entrada em vigor do CP de 1982, introduziram-se duas importantes alterações neste domínio, no tocante ao tratamento dado aos crimes de injúria e difamação: não só se modificou o critério de distinção entre estes dois crimes, como também passou a existir no próprio CP, uma punição específica para os crimes "contra a honra" cometidos através dos meios de comunicação social. III - No CP de 1995, manteve-se a indicação de uma punição específica para tais crimes ainda que agora sob a designação de calúnia, o que uma vez mais implica que a previsão legal das penas não seja indicada na Lei de Imprensa, ainda que os elementos típicos de um crime contra a honra...
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