Acórdão nº 9440788 de Court of Appeal of Porto (Portugal), 07 de Dezembro de 1994
Magistrado Responsável | VAZ DOS SANTOS |
Data da Resolução | 07 de Dezembro 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.
Legislação Nacional: CCIV66 ART483 N1 ART496 N1 N3. DL 85-C/75 DE 1975/02/26 ART25 N1 N2 ART26 N2 D. CP82 ART14 ART31 N2 B ART164 N2 N3 ART165 ART167 N2. CONST92 ART25 N1 ART26 N1 ART37.
Sumário: I - O arguido como director de um jornal de publicação periódica, incorre na prática do crime de abuso de liberdade de imprensa previsto e punido de acordo com as disposições conjugadas dos artigos 25, 26, n. 2, alínea d) do Decreto-Lei n. 85-C/75, 164, n. 1 e 167, n. 2 do Código Penal face aos seguintes factos: - autorizou a publicação, com conhecimento do seu conteúdo (objectivamente ofensivo da honra, bom nome e reputação do ofendido), sem antes ter averiguado da veracidade das imputações; - admitindo que a sua fonte de informação era fidedigna e que por isso se tivesse convencido da veracidade dos factos, reproduziu a notícia (desavença entre...
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