Acórdão nº 97P1115 de Supremo Tribunal de Justiça (Portugal), 26 de Fevereiro de 1998 (caso NULL)
Magistrado Responsável | DINIS ALVES |
Data da Resolução | 26 de Fevereiro de 1998 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO.
Indicações Eventuais: LEAL HENRIQUES E SIMAS SANTOS IN COD PENAL ANOT VOL II PAG184. EDUARDO CORREIA IN UNIDADE E PLURALIDADE DE INFRACÇÕES.
Área Temática: DIR CRIM - CRIM C/PESSOAS. DIR CIV - DIR RESP CIV.
Legislação Nacional: CCIV66 ART494 ART496 N3. CP82 ART71 ART72 ART73 ART91 ART104 ART160 N1 B ART164 N1.
Jurisprudência Nacional: AC STJ DE 1987/10/28 IN BMJ N370 PAG329. AC STJ DE 1987/02/04 IN BMJ N364 PAG541. AC RC DE 1986/04/09 IN BMJ N356 PAG451. AC STJ DE 1996/03/13 IN BMJ N455 PAG257. AC STJ PROC42916 DE 1992/11/26. AC STJ PROC287/96 DE 1996/11/14. AC STJ PROC56/96 DE 1997/03/13.
Sumário : I - No crime de rapto, o valor jurídico negado é o da liberdade pessoal que compreende o interesse jurídico do indivíduo à imperturbada formação e actuação da sua vontade à sua tranquila possibilidade de ir e vir, à livre disposição de si mesmo ou ao seu "status libertatis", nos limites traçados pela lei. II - No crime de violação, o valor jurídico negado é o da liberdade e autodeterminação sexual. III - Se o rapto foi levado a cabo com intenção por parte do arguido de violar a ofendida, verifica-se o elemento da alínea b) do n. 1 do artigo 160 do CP, mas este elemento típico do crime de rapto contenta-se com a intenção libidinosa, não sendo necessário para a consumação do crime que se concretize o correspondente acto sexual. IV - Tendo a violênca no crime de violação consistido na forma de actuação do arguido, na medida em que, para a realização da cópula não consentida pela ofendida, usou da força física sobre ela e a ameaçou com uma faca de modo a coagi-la - como coagiu - à prática desse acto por ele pretendido, não podemos deixar de reconhecer que ocorre um concurso real entre os crimes de rapto e de...
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