Acórdão nº 9240314 de Court of Appeal of Porto (Portugal), 07 de Outubro de 1992
| Magistrado Responsável | CARLOS FIGUEIREDO |
| Data da Resolução | 07 de Outubro de 1992 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR CRIM - CRIM C/PESSOAS. DIR CIV - DIR RESP CIV.
Legislação Nacional: CP82 ART144 ART145. CCIV66 ART562 ART566 N1.
Jurisprudência Nacional: AC RP DE 1990/11/06 IN CJ ANOXV T5 PAG183.
Sumário: I - O tipo descrito no nº 2, do artigo 144, do Código Penal, é um crime de perigo presumido ou abstracto. II - No artigo 145, do Código Penal, prevê-se um crime preterintencional, em que o resultado excede a intenção do agente. III - Em matéria de indemnização, o princípio fundamental a considerar é o da reposição natural consagrado no artigo 562, do Código Civil, e aflorado no artigo 566, nº 1, do mesmo diploma, segundo o qual a indemnização deve reconstituir a situação que existiria se não fosse o dano. IV - Relativamente à...
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