Acórdão nº 9450444 de Court of Appeal of Porto (Portugal), 04 de Janeiro de 1995
Magistrado Responsável | PEREIRA MADEIRA |
Data da Resolução | 04 de Janeiro de 1995 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: PROVIDO PARCIALMENTE.
Indicações Eventuais: O PROCESSO RECORRIDO É DA SEGUNDA SECÇÃO. O ARESTO CITA FIGUEREDO DI AS IN CJ T3 ANO XVII PAG65.
Área Temática: DIR CRIM - CRIM C/PATRIMÓNIO.
Legislação Nacional: AL 454/91 DE 1991/12/28 ART11 N1. CCIV66 ART623 ART624 ART627 ART818.
Sumário: I - Na definição típica do crime de emissão de cheque sem provisão constante do artigo 11 n. 1 do Decreto Lei n. 454/91, de 28/12, faz parte de forma explícita a exigência de que a emissão do título cause "prejuízo patrimonial". Tal elemento não é propriemente um facto, mas uma conclusão jurídica ou conceito de direito a extrair dos factos provados. II - Para aferir da existência do "prejuízo patrimonial", deve lançar-se mão de uma concepção jurídico-económica de património. Para uma tal concepção, o património é constituído pela globalidade das "situações" e posições, com valor ou utilidade económica, detidas por uma pessoa e protegidas pela ordem jurídica ou, pelo menos, cuja fruição não é desaprovada por essa mesma ordem jurídica. Desta concepção resulta a conclusão de que, apesar de o cheque ser de "garantia", pode configurar-se "prejuízo patrimonial" em sentido criminalmente relevante. O que importa é que, tendo em conta a actual...
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