Acórdão nº 037086 de Supremo Tribunal de Justiça (Portugal), 27 de Julho de 1983
Magistrado Responsável | JOSE LUIS PEREIRA |
Data da Resolução | 27 de Julho de 1983 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: PROVIDO PARCIAL.
Área Temática: DIR CRIM - CRIM C/PESSOAS / CRIM C/PATRIMONIO.
Legislação Nacional: CP886 ART107 ART433. DL 496/77 DE 1977/11/25. CCIV66 ART122 ART130. DL 401/82 DE 1982/09/23. CP82 ART3 N4 ART72 ART73 ART132 N1 N2 C E ART297 N2 B C H N3.
Sumário : I - O artigo 107 do Codigo Penal de 1886 foi revogado pelo estabelecimento da maioridade aos 18 anos, operada pelo Decreto-Lei n. 496/77, de 25 de Novembro, que alterou a redacção dos artigos 122 e 130 do Codigo Civil. II - Actualmente, segundo o regime do Decreto-Lei n. 401/82, de 23 de Setembro, so ha lugar a aplicação de pena especialmente atenuada aos jovens dos 16 aos 21 anos se houver razões serias para crer que da atenuação resultam vantagens para a reinserção social dos mesmos; se essas vantagens se não evidenciarem, a graduação da pena sera, em principio, indiferente a idade. III - Para apurar o regime concretamente mais favoravel ao agente, a que se refere o n. 4 do artigo 3 do Codigo Penal de 1982, ha que, com base na pena aplicavel e atendendo ao circunstancialismo do facto agravativo e atenuativo que os artigos 72 e 73 do mesmo Codigo mandam considerar, determinar a medida concreta da pena segundo o novo Codigo para, seguidamente, mediante o seu confronto com a aplicavel ao abrigo da legislação anterior, se ficar a saber qual lhe e mais favoravel. IV - Os tres reus que, com o...
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