Acórdão nº 0124573 de Court of Appeal of Porto (Portugal), 06 de Março de 1991
Magistrado Responsável | RAMIRO CORREIA |
Data da Resolução | 06 de Março de 1991 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO. CONFIRMADA A DECISãO Área Temática: DIR PROC PENAL. DIR CRIM - CRIM C/SOCIEDADE Legislação Nacional: CPP 29 ART327 ART447 ART 468 ART665. CPC67 ART712 N1. CP886 ART 393. CP82 ART26 ART28 ART72 ART73 N1 ART204 N1 ART208 N1 A ART216 D.
Jurisprudência Nacional: ASS STJ DE 1934/06/29. AC STJ DE 1954/07/14 IN BMJ N44 PAG115. AC STJ DE 1956/07/11 IN BMJ N59 PAG322.
Sumário: 1- O tribunal colectivo aprecia livremente a prova, não estando inibido de se socorrer das declarações dos ofendidos que nos crimes sexuais revestem especial valor, desde que crediveis e coerentes, dado o ambiente de secretismo que rodeia o seu cometimento. 2- A relação não pode sindicar a prova produzida em audiencia perante o tribunal colectivo onde foram ouvidas varias testemunhas. 3- No crime de violação ha violencia quando o acto seja praticado contra ou sem a vontade da vitima, não se exigindo que esta lute ate ao esgotamento;basta que seja posta em condições que impeçam uma eficaz resistencia, vendo-se obrigada a ter que suportar a copula, abandonando-se ao homem em consequencia da luta. 4- A virgindade não e hoje elemento essencialmente constitutivo de qualquer crime; a copula : um conceito medico-fisiologico de penetração do membro viril na vagina da mulher, embora so parcialmen- te. 5- Concorre a circunstancia agravativa da alinea a) do n. 1 do artigo 208. do codigo...
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