Acórdão nº 040395 de Supremo Tribunal de Justiça (Portugal), 23 de Janeiro de 1990
| Magistrado Responsável | LOPES DE MELO |
| Data da Resolução | 23 de Janeiro de 1990 |
| Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: PROVIDO PARCIAL.
Área Temática: DIR PROC PENAL.
Legislação Nacional: CP82 ART297 N2 ART306 N1 N3 N5.
Jurisprudência Nacional: AC STJ 1989/06/07 IN AJ ANO1.
Sumário : I - A medida judicial da pena ha-de resultar de um juizo formulado a partir dos limites definidos legalmente, atento o circunstancialismo dos elementos objectivos e subjectivos referidos no artigo 72 do Codigo Penal. II - Não tem suporte legal o partir-se da media dos limites legais para a medida judicial da pena. III - No crime de roubo protegem-se bens juridicos...
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