Acórdão nº 97P1099 de Supremo Tribunal de Justiça (Portugal), 19 de Fevereiro de 1998
Magistrado Responsável | DINIS ALVES |
Data da Resolução | 19 de Fevereiro de 1998 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: ANULADA A DECISÃO.
Área Temática: DIR CRIM - CRIM C/PESSOAS. DIR PROC PENAL - RECURSOS.
Legislação Nacional: CPP87 ART1 N1 F ART358 ART374 N2 ART379 B. CP95 ART170 N1.
Jurisprudência Nacional: AC STJ PROC612/96 DE 1996/12/12. AC STJ PROC48701 DE 1996/01/17.
Sumário : I - A expressão "situação económica precária" atribuída às mulheres vítimas do crime de lenocínio, tem um significado empírico, vulgar e corrente, exprimindo uma situação económica difícil, escassa, que não oferece estabilidade ou segurança. II - A expressão sublinhada na anterior alínea, e que consta da matéria de facto apurada, embora envolva um verdadeiro juízo de valor sobre matéria de facto, traduz a apreciação de uma situação fáctica e não a interpretação de qualquer regra jurídica com vista à aplicação da lei, pelo que não envolve um conceito de direito. III - Na exposição dos motivos de facto que fundamentam a decisão, o tribunal não está obrigado a indicar as razões pelas quais considerou verdadeiros determinados depoimentos ou declarações, nem a fazer a apreciação crítica das provas. IV - Estando provados elementos factuais que levam a concluir que, entre as respectivas candidatas à prostituição, o arguido escolheu mulheres em situação de necessidade económica, explorando essa situação para, profissionalmente e com intenção lucrativa, fomentar e favorecer o exercício da prostituição por essas mulheres, ficam preenchidos os elementos típicos do crime de...
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