Acórdão nº 0008195 de Court of Appeal of Lisbon (Portugal), 10 de Julho de 1990
Magistrado Responsável | ARMENIO HALL |
Data da Resolução | 10 de Julho de 1990 |
Emissor | Court of Appeal of Lisbon (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decis„o: NEGADO PROVIMENTO.
¡rea Tem·tica: DIR CRIM - CRIM C/PESSOAS / TEORIA GERAL.
LegislaÁ„o Nacional: CP886 ART125 ART391 ART393 ART394. CP82 ART201 N2 ART205 N2. CPP29 ART34. DL 605/75 DE 1975/11/03 ART13.
Sum·rio: I - Tendo-se provado na sentenÁa que em data imprecisa de 1980 o arguido (que veio a ser julgado j· na vigÍncia do CP/82) para satisfazer instintos libidinosos, levou uma menor de 11 anos para um eucaliptal e aÌ, deitando-a no ch„o tirou-lhe as cuecas e colocando-se sobre ela encostou o seu sexo ao sexo da ofendida e ejaculou para as pernas desta, "esta conduta, integra apenas crime de atentado ao pudor e n„o crime de violaÁ„o - como poderia suceder, se aplic·vel fosse (e que n„o È obviamente) o CP/82". II - O comportamento do arguido, ‡ luz do CP/886 n„o pode integrar crime de violaÁ„o, j· que n„o...
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