Acórdão nº 97P1086 de Supremo Tribunal de Justiça (Portugal), 18 de Fevereiro de 1998 (caso NULL)
Magistrado Responsável | MARTINS RAMIRES |
Data da Resolução | 18 de Fevereiro de 1998 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: PROVIDO PARCIAL.
Indicações Eventuais: NESSELS IN DIREITO PENAL PARTE GERAL EDIÇÃO FABRIS TRADUÇÃO 1976 PAG133.
Área Temática: DIR CRIM - CRIM C/PESSOAS.
Legislação Nacional: CP82 ART22 N1 N2 ART23 N1 N2 ART74 N1 A ART131 ART132 N2. CP95 ART22 N1 N2 ART23 N1 N2 ART73 N1 A B ART131 ART132 N2.
Jurisprudência Nacional: AC STJ DE 1986/11/12 IN BMJ N361 PAG244. AC STJ DE 1993/01/27 IN CJSTJ ANOI TI PAG73. AC STJ DE 1995/06/14 IN CJSTJ ANOIII TII PAG226.
Sumário : I - Da circunstância do Tribunal Colectivo ter considerado que não ficou provado que o arguido tenha disparado com a intenção de tirar a vida à vítima ou que tenha previsto tal como resultado necessário da sua conduta, não se retira que o arguido não tenha decidido cometer o crime de homicídio quando se dá também como provado que, ao disparar, sabendo que assim poderia causar a morte ao visado, resultado que previu e com o qual se conformou e que só não sucedeu por motivos estranhos à sua vontade, já que, neste caso actuou com dolo eventual. II - Segundo a melhor Doutrina e a pacífica Jurisprudência do STJ, a tentativa é punível mesmo quando o agente tenha actuado com dolo eventual, pois nesta forma há representação e vontade conquanto enfraquecidas ou degradadas. III - A...
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