Acórdão nº 038054 de Supremo Tribunal de Justiça (Portugal), 30 de Abril de 1986
Magistrado Responsável | GAMA VIEIRA |
Data da Resolução | 30 de Abril de 1986 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: PROVIDO.
Área Temática: DIR CRIM - CRIM C/SOCIEDADE / TEORIA GERAL.
Legislação Nacional: CP82 ART278 N1 ART279 N1. CP886 ART92 ART125 N2. L 3/82 DE 1982/03/29 ART1. CE54 ART41. DL 400/82 DE 1982/09/23 ART7.
Sumário : I - O crime do artigo 279 do Codigo Penal e um crime de perigo concreto. O interesse que, atraves da sua punição, se visa proteger e a segurança dos transportes rodoviarios, ou seja, que estes se realizem ao abrigo da actuação de quem, dificultando-a, cria, desse modo, um perigo para a vida ou integridade fisica de outrem ou para bens patrimoniais alheios de grande valor. II - Agente do crime aludido e, portanto, não o que se limita a conduzir veiculo destinado a transporte rodoviario, mas aquele que, assim o não fazendo, destroi, danifica ou suprime vias de comunicação ou material circulante, obras de arte ou instalações, coloca obstaculos ou pratica actos idoneos a causar desastre, criando, desta forma, um perigo para a vida, saude ou integridade fisica...
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