Acórdão nº 0224319 de Court of Appeal of Porto (Portugal), 17 de Janeiro de 1990
Magistrado Responsável | CASTRO RIBEIRO |
Data da Resolução | 17 de Janeiro de 1990 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO. ALTERADA A DECISÃO.
Área Temática: DIR CRIM - TEORIA GERAL / CRIM C/SOCIEDADE.
Legislação Nacional: CP82 ART48 N1 ART109 N2 ART228 N1 A B N2 ART229 N3. CE54 ART29 N5 ART42 N1 ART27 N4. RCE ART27 N2 B.
Jurisprudência Nacional: AC STJ DE 1987/10/14 IN BMJ N337 PAG409. AC RC DE 1984/05/30 IN CJ T3 ANOIX PAG93. AC RC DE 1986/04/09 IN BMJ N356 PAG451. AC RP DE 1987/02/18 IN CJ T1 ANOXII PAG269. AC RP DE 1987/10/14 IN BMJ N370 PAG298.
Sumário: I - Sendo os números do motor, quadro e matrícula a materialidade identificadora do veículo automóvel que, por si e entre eles, possibilitam e se destinam a individualizar fielmente o todo, e não podendo ser modificados sem que o autorize a Direcção Geral de Viação, deve atribuir-se-lhes " força igual " à do documento autêntico que, sem dúvida, é o livrete que os certifica como sendo verdadeiros e merecedores de fé pública. II - Ao alterar o número do bloco do motor o arguido lesou a fé pública que o mesmo visa certificar, prejudicando o Estado como seu natural garante, com o fim de alcançar um benefício ilegítimo em resultado da...
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