Acórdão nº 9210106 de Court of Appeal of Porto (Portugal), 18 de Março de 1992
| Magistrado Responsável | VAZ DOS SANTOS |
| Data da Resolução | 18 de Março de 1992 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: PROVIDO. ALTERADA A DECISÃO.
Área Temática: DIR CRIM - CRIM C/ESTADO / TEORIA GERAL.
Legislação Nacional: CP82 ART43 N1 ART48 ART71 ART72 ART388 N1. CPP87 ART61 N3 B ART389 N2 ART403 ART410 N2 ART428 N2.
Sumário: I - O sistema punitivo adoptado pelo Código Penal de 1982 tem um sentido pedagógico e ressocializador, visando a recuperação social do delinquente, constituindo a pena privativa da liberdade a última "ratio" da política criminal. II - Sendo a pena de prisão uma medida segregadora, incapaz de promover a recuperação social do delinquente, prejudicial a este pelos perigos de contágio com outros reclusos e pela degradação social a que conduz, impõe-se, sempre que possível, a sua substituição por penas não institucionais, sobretudo quando se trata de penas curtas de prisão. III - A pena de prisão não superior a 6 meses deverá sempre ser substituida pelo número de dias de multa correspondente, a não ser que a sua execução seja...
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