Acórdão nº 96P1239 de Supremo Tribunal de Justiça (Portugal), 16 de Abril de 1997
Magistrado Responsável | ANDRADE SARAIVA |
Data da Resolução | 16 de Abril de 1997 |
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/SOCIEDADE. DIR PROC PENAL - RECURSOS.
Legislação Nacional: CPP87 ART410 N2 A. DL 15/93 DE 1993/01/22 ART21 N1 ART25 ART26 N3 ART35 N1. CP82 ART107 ART132 ART143 N1 ART146. PORT 94/96 DE 1996/03/26.
Jurisprudência Nacional: AC STJ PROC46861 DE 1995/03/01. AC STJ PROC48232 DE 1995/10/12.
Sumário : I - Foi entendimento do Supremo Tribunal de Justiça que, para a heroína, o consumo médio individual durante um dia era de 1,5 gr., pelo que, sendo de 3 grs. a quantidade daquele produto detida pelo arguido, o legislador do DL 15/93 fazia atenuar a moldura penal abstracta fixada no seu artigo 21 quando a quantidade do dito produto não excedia a necessária para o consumo médio individual durante o período de cinco dias. II - Com a publicação da Portaria 94/96, de 26 de Março, já sucede que a quantidade superior a 0,5 grs é excessiva. No entanto, e para que haja também uma justiça relativa, deve entender-se que para os casos ocorridos anteriormente à dita Portaria têm de se continuar a atender à fixação jurisprudencial referida no anterior item. III - O crime de ofensas à integridade física qualificado dos artigos 146, ns. 1 e 2, 143, n. 1, e 132, n. 2, alínea h), do C.Penal de 1995, consuma-se quando um agente policial é embatido pelo veículo conduzido pelo arguido, tendo sofrido uma escoriação na perna esquerda, provado como ficou que o arguido actuou com vontade livremente determinada e, ao avançar com o seu veículo na direcção daquele agente, sabia que lhe poderia provocar lesões físicas e conformou-se com a produção provável de...
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