Acórdão nº 9450151 de Court of Appeal of Porto (Portugal), 04 de Maio de 1994
Magistrado Responsável | VAZ DOS SANTOS |
Data da Resolução | 04 de Maio de 1994 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO. CONFIRMADA A DECISÃO.
Área Temática: DIR CRIM - CRIM C/PESSOAS / CRIM C/PATRIMÓNIO.
Legislação Nacional: CPP29 ART173 ART290 PAR1. CP82 ART184 ART297 N3. DL 2/78 DE 1978/01/09 ART1 N1 N2 ART2 N2 ART3. CPP87 ART125 ART126 N3.
Jurisprudência Nacional: AC RE DE 1992/05/12 IN CJ T3 ANOXVII PAG353. AC STJ DE 1985/03/13 IN BMJ N345 PAG228. AC STJ DE 1985/05/28 IN BMJ N347 PAG203. AC STJ DE 1985/07/10 IN BMJ N349 PAG228.
Sumário: I - O segredo bancário configura um verdadeiro segredo profissional em que lhe são aplicáveis as normas e prescrições deste. II - Nas hipóteses em que a revelação do segredo bancário não é punível ( artigo 185 do Código Penal ), confrontam-se dois interesses conflituantes: por um lado, o interesse público do Estado em exercer o seu " jus puniendi " relativamente ao agente que ofende a ordem jurídica estabelecida e em que se não pode prescindir do apuramento da verdade material, por outro, a tutela do sigilo bancário que tem a ver fundamentalmente com o direito à intimidade privada do agente, enquanto cliente do banco e propicia o estabelecimento de um clima de confiança na...
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