Acórdão nº 0225695 de Court of Appeal of Porto (Portugal), 08 de Maio de 1991
Magistrado Responsável | VAZ DOS SANTOS |
Data da Resolução | 08 de Maio de 1991 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: PROVIDO PARCIALMENTE. REVOGADA PARCIALMENTE. ALTERADA A DECISãO.
Área Temática: DIR CRIM - CRIM C/SOCIEDADE.
Legislação Nacional: CCIV66 ART483 ART 496 N1 N3 ART564. CP82 ART43 N1 ART48 ART71 ART72 ART205 N1 N2. CPP87 ART118 ART165 ART358 ART359.
Sumário: I- No caso de recurso em que haja audiencia, os documentos poderão ser juntos ate ao encerramento desta no tribunal superior, não havendo violação do principio do contraditorio uma vez que os recorridos poderão pronunciar-se sobre o seu valor, tanto na resposta ao recurso como na audiencia. II- A nulidade da sentença por inobservancia do disposto nos arts. 358 e 359, do Cod. Proc. Penal, não e de conhecimento oficioso. III- A pronuncia define o objecto do processo que, por sua vez, limita a actividade cognitoria e decisoria do tribunal, sem o que o principio do contraditorio e os direitos de defesa constitucionalmente reconhecidos poderiam ficar gravemente afectados. IV- O sistema punitivo consagrado no Cod. Penal tem um sentido pedagogico e ressocializador, visando a recuperação social do delinquente, assentando na concepção basica de que a pena privativa de liberdade constitui verdadeiramente a "ultima ratio" da politica criminal. V- Na preocupação de reagir ampla e generalizadamente contra as penas curtas de prisão, o preceituado no art. 43, n.1, do Cod. Penal, salvaguarda os principios politico- - criminais de necessidade, da proporcionalidade e da subsidiariedade da pena de prisão. VI- E razoavel e adequada a pena de prisão substituida por multa para o crime de atentado ao pudor (art. 205, n.1 e 2...
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