Acórdão nº 041089 de Supremo Tribunal de Justiça (Portugal), 17 de Outubro de 1990 (caso NULL)
Magistrado Responsável | JOSE SARAIVA |
Data da Resolução | 17 de Outubro de 1990 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: PROVIDO PARCIAL.
Área Temática: DIR CRIM - CRIM C/PATRIMONIO.
Legislação Nacional: CP82 ART48 ART72 ART76 ART77 ART78 ART253 N1 ART254 N1 ART296 ART297 N2 C D ART303 N4 ART309 N1 ART312 N4. CPC67 ART712 ART729 N3. CPP87 ART663.
Jurisprudência Nacional: ASS STJ DE 1944/07/28 IN RLJ ANO77 PAG128. AC STJ PROC38683 DE 1987/06/03.
Sumário : I - Inserindo-se o campo do questionario na materia de facto, compete ao Supremo Tribunal de Justiça não anular a decisão do Colectivo mas apenas verificar se a Relação, ao usar dos poderes conferidos pelo artigo 712 do Codigo de Processo Civil, agiu dentro dos limites legalmente estabelecidos. II - Sabido o preço elevadissimo dos automoveis em Portugal e que um automovel no valor de 250 contos e um veiculo do mais modesto que aparece no mercado, geralmente ja em condições deficientes de circulação, não pode considerar-se bem patrimonial de grande valor a destruição por incendio de um veiculo naquelas condições, pelo que não se verifica o...
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