Acórdão nº 98P1113 de Supremo Tribunal de Justiça (Portugal), 10 de Dezembro de 1998 (caso NULL)
Magistrado Responsável | HUGO LOPES |
Data da Resolução | 10 de Dezembro de 1998 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR CRIM - CRIM C/PESSOAS.
Legislação Nacional: CP95 ART131 ART132 N1 N2.
Sumário : I - O crime do artigo 132 do C.P., de homicídio qualificado, assenta no crime de homicídio do artigo 131 do C.P., no causar intencionalmente a morte de outrem, sendo a sua forma qualificada. II - A qualificação, como claramente se extrai do n. 1 do apontado artigo 132 do C.P., verifica-se sempre que a morte da vítima seja produzida em circunstâncias que revelem especial censurabilidade ou perversidade do agente. III - Especial censurabilidade ou perversidade do agente que é a razão de ser de uma tal agravação em termos excepcionais, sendo as circunstâncias que a patenteiam o que verdadeiramente releva para se alcançar a qualificação do homicídio. IV - O n. 2 do citado artigo 132 elenca, nas suas alíneas, diversas daquelas circunstâncias. Mas, essa "enumeração não é taxativa, antes meramente enunciativa e exemplificativa". As circunstâncias enumeradas "não são elementos do tipo, e antes elementos da culpa", portanto "não são de funcionamento automático", podendo verificar-se qualquer delas e "nem por isso se poder concluir pela especial censurabilidade ou perversidade do agente" e podendo não ocorrer qualquer delas e mesmo assim existirem outras não descritas susceptíveis de conduzir àquela especial censurabilidade ou perversidade do agente. V - Daí que se torne sempre...
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