Acórdão nº 0011921 de Court of Appeal of Porto (Portugal), 07 de Janeiro de 1977
Magistrado Responsável | GOMES DOS SANTOS |
Data da Resolução | 07 de Janeiro de 1977 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: PROVIDO.
Área Temática: DIR CRIM - DIR PEN ECON.
Legislação Nacional: D 13004 DE 1927/01/12 ART23 ART24. DL 182/74 DE 1974/05/02 ART2. LUCH ART28 ART29 ART32.
Sumário: I - No plano do direito criminal, nunca o cheque pode ser encarado como simples meio de garantia, pois a questão não se põe nesse plano de se considerar o cheque como meio de garantia ou de pagamento, mas no da violação ou perigo de violação do bem jurídico protegido pelo tipo legal de crime. Ora aí o que se procura proteger é a circulação do título e a confiança nele depositada pelo público, naturalmente como meio de pagamento, com vista à redução da circulação fiduciária. Desta forma, emitido um cheque sem provisão, ao sair da posse do sacador logo se criou o perigo de passar sem ela a circular como verdadeira moeda falsa, defraudando os que nele depositaram a sua confiança e contribuindo para o descrédito do título em geral. E basta o...
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