Acórdão nº 98P034 de Supremo Tribunal de Justiça (Portugal), 18 de Fevereiro de 1998
Magistrado Responsável | LEONARDO DIAS |
Data da Resolução | 18 de Fevereiro de 1998 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR CRIM - CRIM C/PESSOAS / CRIM C/PATRIMÓNIO / TEORIA GERAL.
Legislação Nacional: CP95 ART71 N1 ART77 N1 ART158 N1 N2 B ART204 N2 F ART210 N1 N2 B ART243 N3.
Sumário : I - Fluindo do n. 3 do artigo 243 do Código Penal que só há tortura ou tratamento cruel degradante ou desumano quando o agente quer - com o fim de atingir através dos actos que pratica sobre ela - perturbar a capacidade de determinação ou a livre manifestação de vontade da vítima, o sequestro não é qualificado pela circunstância da alínea b) do n. 2 do artigo 158 do mesmo Código quando não se provar que os arguidos do sequestro não agiram com essa intenção. II - A censurabilidade do desrespeito pelas condenações anteriores, na medida e só na medida, em que resulta das concretas circunstâncias do caso, assume-se como o autêntico pressuposto material essencial da reincidência - o que não significa, obviamente, que os restantes requisitos fixados por lei não sejam, do mesmo modo, essenciais. III - Sabido que o arguido, em comunhão de esforços com o seu co-arguido e de forma concertada com este, agiu livre e conscientemente, com intenção de, sem autorização e contra a vontade da vítima, não só se apropriar de bens e valores desta, como também de a privar da sua liberdade ambulatória, mas não se conhecendo os motivos ou as razões por que, uma vez mais, se determinou à prática de crimes, torna-se evidente que inexiste matéria de facto bastante para suportar o juízo de censura...
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