Acórdão nº 9120079 de Court of Appeal of Porto (Portugal), 19 de Junho de 1991
| Magistrado Responsável | VAZ DOS SANTOS |
| Data da Resolução | 19 de Junho de 1991 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: PROVIDO PARCIALMENTE. ALTERADA A DECISãO.
Área Temática: DIR CRIM - CRIM C/ESTADO / TEORIA GERAL.
Legislação Nacional: CP82 ART384 N1.
Sumário: I - Subjacente ao Codigo Penal repousa a ideia de que a pena privativa de liberdade constitui a " ultima ratio " da politica criminal pelo que, sempre que possivel, devera optar-se por penas não institucionais, não esquecendo os principios politico-criminais da necessidade e da proporcionalidade. II - Apesar do passado criminal, com um rol extenso de condenações, sobretudo pela pratica de crimes de ofensas corporais, a ultima dos quais em 2 anos de prisão, suspensa na sua execução e cujo periodo de suspensão ainda esta a decorrer, o que revela uma personalidade defeituosa, pouco propensa ao respeito pelos bens juridicos penalmente tutelados e pelas exigencias de uma sa convivencia em sociedade, justifica-se uma condenação em 6 meses de prisão substituidos por igual tempo de multa, considerando que e normal o grau de ilicitude...
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