Acórdão nº 039777 de Supremo Tribunal de Justiça (Portugal), 13 de Janeiro de 1989
Magistrado Responsável | MENDES PINTO |
Data da Resolução | 13 de Janeiro de 1989 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR CRIM - TEORIA GERAL / CRIM C/PESSOAS. DIR PROC PENAL.
Legislação Nacional: CP82 ART40 N1 ART78 ART107 N1 ART109 N2 ART215 N1 N2 A ART216 A B. CPP87 ART358 ART359.
Jurisprudência Nacional: ASS STJ DE 1961/07/19 IN BMJ N109 PAG437. AC STJ DE 1966/10/19 IN BMJ N160 PAG190.
Sumário : I - Pratica o crime de lenocinio agravado, previsto nas disposições conjugadas dos artigos 215, n. 1, alinea a) e 216, alinea a), ambos do Codigo Penal, aquele que alicia e instiga menores a exibição ostensiva dos orgãos sexuais, e os obriga a actos de homossexualidade, simulada ou não, procedendo com intuito lucrativo a gravação fotografica e filmica das atitudes impudicas e imorais que ideava e fazia executar. II - O interesse juridico protegido nestas disposições e complexo, abrangendo não so o interesse geral da sociedade em que haja pudor, moralidade sexual e ganho honesto, mas tambem a personalidade dos menores objecto das condutas ali previstas. III - A condenação do reu como autor de dez crimes de lenocinio agravado, e não dos sete por que vinha acusado e pronunciado, por se ter provado a reiteração da sua conduta relativamente a tres dos menores ofendidos, fora das circunstancias do crime continuado, não...
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