Acórdão nº 9510866 de Court of Appeal of Porto (Portugal), 05 de Março de 1997
Magistrado Responsável | MARQUES SALGUEIRO |
Data da Resolução | 05 de Março de 1997 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO. ALTERADA A DECISÃO.
Área Temática: DIR CRIM - CRIM C/PATRIMÓNIO / TEORIA GERAL.
Legislação Nacional: CP82 ART176 N2 ART177 ART297 N2 D ART298 N1. CP95 ART22 ART23 N2 ART73 N1 A B ART190 ART204 N1 N2 E N3.
Jurisprudência Nacional: AC STJ PROC39219 DE 1987/11/04.
Sumário: I - Estroncar é um termo de linguagem comum que significa, além do mais, separar do tronco, desmembrar, desarticular, estorcer, partir, quebrar, espatifar, desmanchar, estragar. II - A expressão, utilizada na sentença, " o arguido estroncou a fechadura da porta da garagem", caracteriza devidamente a acção por ele desenvolvida para vencer o obstáculo à sua entrada na garagem, significando que ele desarticulou, estorceu, partiu a fechadura, o que bem se integra no conceito de "arrombamento" o que alude o n.1 do artigo 298 do Código Penal de 1982. III - Não há qualquer incompatibilidade ou contradição entre o facto de ter sido propósito do arguido apoderar-se dos objectos e valores que se encontrassem na casa e no estabelecimento dos ofendidos e o facto de, apesar de ter andado a remexer no recheio das gavetas dos móveis da cozinha, de nada se ter apoderado. IV - No domínio do Código Penal de 1982 era jurisprudência preponderante que, concorrendo outras circunstâncias qualificativas do furto com a referida na alínea d) do n.2 do artigo 297, a entrada em casa alheia ou em lugar vedado ao público se autonomizaria e integraria o crime do artigo 176 ou do artigo 177, consoante os casos, a punir autonomamente do crime de furto, sendo este qualificado em...
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