Acórdão nº 037622 de Supremo Tribunal de Justiça (Portugal), 30 de Janeiro de 1985
Magistrado Responsável | VILLA NOVA |
Data da Resolução | 30 de Janeiro de 1985 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR CRIM - TEORIA GERAL / DIR PENAL ECON.
Legislação Nacional: CP886 ART6 N1. CP82 ART2 N2 N3 N4. CPC67 ART712 N2. CPP29 ART663 PAR3 ART665 ART667. CCIV66 ART371 ART376. L 82/77 DE 1977/12/06 ART30. DL 41204 DE 1957/07/24 ART5 N1 A ART21 N1 ART25. DL 476/74 DE 1974/09/24 ART2 N1 E. DL 42/75 DE 1975/02/01. DL 75-Q/77 DE 1977/02/28 ART4 N1 ART7 N1. DL 531/79 DE 1979/12/31 ARTUNICO. DL 29/80 DE 1980/02/29 ART1 ART4. DL 400/82 DE 1982/09/23 ART3 N1. DL 28/84 DE 1984/01/20 ART35. PORT 11147 DE 1945/10/27.
Jurisprudência Nacional: AC STJ DE 1977/10/14 IN BMJ N272 PAG248.
Sumário : I - As normas legais que pretendem acautelar e assegurar a normalização de preços são normas de caracteristica temporaria, de regramento episodico ou momentaneo, não sendo, assim, licito retirar-lhes eficacia punitiva ocasional. II - O n. 1 do artigo 6 do Codigo Penal de 1886 não era aplicavel as leis temporarias (assento do Supremo Tribunal de Justiça, de 18 de Julho de 1947), encontrando-se hoje tal principio no n. 3 do artigo 2 do Codigo Penal de 1982. III - O facto de o Decreto-Lei n. 29/80, de 29 de Fevereiro, ter sido mandado aplicar aos processos pendentes na data da sua aplicação, não implica que tenha deixado de ser punivel infracção cometida na vigencia de diplomas anteriores que sujeitavam ao regime de preços declarados determinados bens ou serviços em função de facturação bruta cujos valores aquele diploma elevou, porquanto o seu artigo 4 refere-se tão-somente aos processos administrativos de declaração de preços pendentes a data da sua entrada em vigor nas Direcções-Gerais do Comercio Alimentar e não Alimentar, conforme o produto de que se trata, não abrangendo os processos por infracções pendentes na Direcção-Geral de Fiscalização...
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