Acórdão nº 041300 de Supremo Tribunal de Justiça (Portugal), 23 de Janeiro de 1991
Magistrado Responsável | PINTO BASTOS |
Data da Resolução | 23 de Janeiro de 1991 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR CRIM - CRIM C/PATRIMONIO.
Legislação Nacional: CP82 ART301 ART304 N1. CE54 ART58 N7. DL 44939 DE 1963/03/27 ART2.
Jurisprudência Nacional: AC STJ DE 1968/12/04 IN BMJ N182 PAG307. AC STJ DE 1969/03/12 IN BMJ N185 PAG188. AC STJ DE 1968/04/24 IN BMJ N76 PAG137.
Sumário : I - O elemento subjectivo do crime de furto consiste no proposito do agente integrar a coisa no seu patrimonio ou no de terceiro, contra a vontade do proprietario, possuidor ou detentor. II - No furto de uso fica vincado o elemento "restituição", ja que, não existindo esse elemento, apenas fica a apropriação, sendo no momento desta que o crime de furto da coisa se consuma. III - No caso de abandono da coisa, sem proposito de restituição, existe "furtum rei". IV - No dominio do anterior Codigo, podiam distinguir-se na nossa lei, o crime de furtum rei, na subtração da coisa, com intenção de apropriação, o crime de furtum usus, no caso de apropriação da coisa, com posterior restituição para aproveitamento do seu uso durante certo espaço de tempo, a punir pelo valor da utilidade de tal utilização, o crime de furto de uso de veiculo, a punir nos termos do Decreto-Lei 44939, e o crime de condução não autorizada de veiculo, do artigo 58, n. 7 do Codigo da Estrada. V - Presentemente, continua a existir o crime de furto, mas na acentuação do elemento relevante da restituição, que era exigido para a situação menos grave do furtum usus, cria-se a atenuação especial do artigo 305, quando houver restituição, antes de instaurado o...
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