Acórdão nº 9940405 de Court of Appeal of Porto (Portugal), 23 de Junho de 1999 (caso NULL)
Magistrado Responsável | FONSECA GUIMARÃES |
Data da Resolução | 23 de Junho de 1999 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: PROVIDO.
Área Temática: DIR CRIM - CRIM C/SOCIEDADE.
Legislação Nacional: CP95 ART279.
Sumário: I - No n.1 do artigo 279 do Código Penal estrutura-se o crime de poluição, dispensando o recurso ao n.3 para considerar integrado tal crime. Ao referir-se neste n.3 " sempre que " e não " só quando ", entende-se que para além dos casos de poluição previstos neste, haverá poluição em medida inadmissível ( conceito indeterminado ) quando a situação de poluição é " grave ". II - Tendo-se provado que o ruído propagado pela actividade do arguido atinge os apartamentos vizinhos em grau suficientemente intenso para perturbar o sossego e o...
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