Acórdão nº 048804 de Supremo Tribunal de Justiça (Portugal), 28 de Fevereiro de 1996 (caso NULL)
Magistrado Responsável | ANDRADE SARAIVA |
Data da Resolução | 28 de Fevereiro de 1996 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: PROVIDO PARCIAL.
Área Temática: DIR CRIM - CRIM C/PATRIMÓNIO / TEORIA GERAL. DIR CONST - DIR FUND. DIR PROC PENAL - RECURSOS.
Legislação Nacional: CPP87 ART71 ART160 ART163 N1 ART368 N2 E ART410 N2 B N3. CP82 ART20 N2 ART72 ART176 N1 N2 ART308 N1 ART309 N4. L 15/94 DE 1994/05/11 ART1 L ART2 N2 ART8 N1 D. CONST89 ART34 N1 - N4. CPP29 ART34. CP95 ART2 N4 ART71 ART190 N3 ART212 N1.
Sumário : I - A entrada do arguido na residência do assistente contra a vontade deste integra o crime de introdução em casa alheia, pois viola um dos direitos consagrados na Constituição: inviolabilidade do domicílio (artigo 34, ns. 1, 2, 3 e 4). II - Estando assente que o arguido cometeu em autoria material, na forma consumada e em concurso real, três crimes, sendo um de dano numa viatura e dois de introdução em casa alheia as exigências da prevenção geral impõem certa severidade para prevenir a garantia e segurança dos bens dos cidadãos mesmo quando na via pública, assim como a inviolabilidade dos seus...
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