Acórdão nº 9250313 de Court of Appeal of Porto (Portugal), 17 de Junho de 1992
Magistrado Responsável | CARLOS FIGUEIREDO |
Data da Resolução | 17 de Junho de 1992 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: PROVIDO.
Área Temática: DIR CRIM - TEORIA GERAL.
Legislação Nacional: CE54 ART27 N2 C ART46 N1 A ART47 N2 C. DL 117/90 DE 1990/04/05. DL 123/90 DE 1990/04/05.
Jurisprudência Nacional: AC RC DE 1991/04/24 IN CJ ANOXVI T2 PAG114.
Sumário: I - De conformidade com o nº 2, alínea c), do artigo 27, do Código da Estrada, os motociclos constituem uma classe de veículos automóveis, estando a sua condução interdita a quem não possua licença de condução ( artigos 46, nº 1, alínea a), e 47, nº 2, alínea c), daquele diploma ); II - A sanção para tal infracção era prevista no penúltimo parágrafo do nº 1, do referido artigo 46; III - No intuito de punir mais gravemente a condução sem licença, foram publicados, em 05/04/90, os Decretos-Lei nºs 117/90 e 123/90, sendo o primeiro relativo aos veículos de 2 rodas e o segundo aos de 4 rodas; IV - No Decreto-Lei nº 123/90 revogou-se expressamente o artigo 46, nº 1, penúltimo parágrafo do Código da Estrada; V - Porém, o Decreto-Lei nº 117/90 ainda não entrou em vigor, pelo que ficou, aparentemente, sem sanção a condução sem carta de motociclos; VI - Face, contudo, à intenção do legislador, referenciada em III...
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