Acórdão nº 038702 de Supremo Tribunal de Justiça, 18 de Março de 1987
Magistrado Responsável: | QUESADA PASTOR |
Data da Resolução: | 18 de Março de 1987 |
Emissor: | Supremo Tribunal de Justiça |
N Privacidade: 1 Meio Processual: CONFLITO JURISDIÇÃO.
Decisão: DECLARAÇÃO DE COMPETÊNCIA.
Área Temática: DIR JUDIC - CONFLITOS. DIR CRIM - TEORIA GERAL.
Legislação Nacional: CP82 ART313 ART314 N1 A. CP886 ART67 PAR1. DL 39/83 DE 1983/01/25 ART19 ART20.
Sumário : I - O conceito de habitualidade constante do artigo 314 do Código Penal não tem que resultar, como na legislação antiga, da verificação de certo número de condenações anteriores, mas sim da ponderação do significado próprio do vocábulo e do conhecimento que as disciplinas criminológicas oferecem. II - Para o crime do artigo 314, ao contrário do artigo 313, ambos do Código...
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