Acórdão nº 96P209 de Supremo Tribunal de Justiça (Portugal), 06 de Novembro de 1996 (caso NULL)
Magistrado Responsável | LOPES ROCHA |
Data da Resolução | 06 de Novembro de 1996 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: PROVIDO PARCIAL.
Indicações Eventuais: MAIA GONÇALVES IN COD PENAL ANOT 10ED PÁG273. FIGUEIREDO DIAS IN DIR PENAL PORTUGUÊS AS CONSEQUÊNCIAS JURÍDICAS DO CRIME PÁG234.
Área Temática: DIR CRIM - CRIM C/PESSOAS / TEORIA GERAL. DIR CIV - DIR RESP CIV.
Legislação Nacional: CP82 ART71 ART72 ART143 A C ART308. CCIV66 ART496 N1 N3.
Sumário : I - Não o acolhe hoje a argumentação de que o adultério é ainda uma situação especial motivante de uma reacção agressiva da parte do cônjuge traído, pois justamente por assim não pensar é que o legislador despenalizou o crime cuja prática levava à aplicação de uma pena pouco mais do que simbólica (artigo 372 do Código de 1886) e, mesmo assim, para o caso de flagrante constatação do facto. II - Como se tem fixado na doutrina, a não atendibilidade das circunstâncias que fazem do tipo legal do crime baseia-se no princípio "ne bis in idem", pois que a lei já...
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