Acórdão nº 9440768 de Court of Appeal of Porto (Portugal), 22 de Maio de 1996
Magistrado Responsável | OLIVEIRA DOS SANTOS |
Data da Resolução | 22 de Maio de 1996 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: PROVIDO. REVOGADA A DECISÃO.
Área Temática: DIR CRIM - CRIM C/SOCIEDADE / TEORIA GERAL.
Legislação Nacional: OTM78 ART190. DL 48/95 DE 1995/03/15 ART2 N1 B. CP82 ART197. CP95 ART250.
Sumário: I - A questão largamente debatida sobre se o artigo 190 da Organização Tutelar de Menores ( Decreto - Lei n. 314/78, de 27 de Outubro ) foi ou não revogada pelo artigo 6 n.1, do Decreto - Lei n. 400/82, de 23 de Setembro, que aprovou o Código Penal de 1982, encontra-se actualmente ultrapassada já que o artigo 2 n.1 alínea b) do Decreto - Lei n. 48/95, de 15 de Março, que aprovou o novo Código Penal de 1995, revogou expressamente o mencionado artigo 190. II - São elementos do crime de violação da obrigação de alimentos do artigo 250 do Código Penal de 1995; a) estar o agente legalmente obrigado a prestar alimentos; b) estar ele em condições de o fazer; c) não cumprimento dessa obrigação, e, assim, d) pôr em perigo a satisfação, sem auxílio de terceiro, das necessidades fundamentais de quem a eles tem direito, designadamente do filho menor. III - Não constando da acusação, em que era imputado ao arguido o crime do artigo 190 da Organização Tutelar de Menores, o...
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