Acórdão nº 000388 de Supremo Tribunal de Justiça (Portugal), 02 de Maio de 1990 (caso NULL)
| Magistrado Responsável | FERREIRA VIDIGAL |
| Data da Resolução | 02 de Maio de 1990 |
| Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: ALTERADA A DECISÃO.
Área Temática: DIR CRIM - CRIM C/SOCIEDADE / TEORIA GERAL. DIR PROC PENAL.
Legislação Nacional: DL 430/83 DE 1983/12/13 ART23 N1 ART36 N1 A. CP82 ART30 N2 ART72 ART78 N5. CPP87 ART358 ART359.
Sumário : I - Com o narcotrafico criam-se multiplos riscos: corrupção, prostituição, roubos, assassinios, enfim uma gama inesgotavel de violações penais que com ele se conexionam. II - Em todas as actividades descritas no artigo 23 do Decreto-Lei 430/83, o legislador "esmerou-se" em presumir o perigo. Assim, fala em: "por a venda", "distribuir", "comprar" tudo para que o traficante não escape a multa de justiça. III - E, pois, evidente que se trata de um crime de perigo abstracto ou presumido e não concreto. IV - Reincidencia não e efeito...
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