Acórdão nº 039970 de Supremo Tribunal de Justiça (Portugal), 12 de Abril de 1989 (caso NULL)
| Magistrado Responsável | MENDES PINTO |
| Data da Resolução | 12 de Abril de 1989 |
| Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: PROVIDO.
Área Temática: DIR CRIM - CRIM C/PATRIMONIO.
Legislação Nacional: CP886 ART453. CP82 ART300. DL 605/75 DE 1975/11/03 ART12. DL 103/80 DE 1980/05/09 ART6 ART13.
Sumário : I - Tendo-se provado que a redução das receitas da firma que os arguidos geriam, não possibilitaram que se fizessem os descontos nos salarios dos seus trabalhadores para pagamento das contribuições por este devidas ao Centro Regional de Segurança Social, esta excluida a possibilidade da pratica do crime de abuso de confiança que lhes fora imputado, faltando, assim, os pressupostos materiais da violação do "tatbestand" respectivo, e, portanto, inexistindo a ilicitude, e, consequentemente, o dolo. II - Mas a lei faz depender a responsabilidade das entidades patronais perante as Caixas de Previdencia, pelas contribuições devidas pelos trabalhadores, da comissão, pelos respectivos gerentes ou administradores do...
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