Acórdão nº 97P108 de Supremo Tribunal de Justiça (Portugal), 15 de Maio de 1997 (caso NULL)
| Magistrado Responsável | CARLINDO ROCHA |
| Data da Resolução | 15 de Maio de 1997 |
| Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO.
Indicações Eventuais: FIGUEIREDO DIAS IN CJ ANOXII TOMO4 PAG49.
Área Temática: DIR CRIM - CRIM C/PESSOAS.
Legislação Nacional: CP95 ART14 N3 ART131 ART133.
Jurisprudência Nacional: AC STJ PROC831 DE 1996/10/16. AC STJ PROC666 DE 1996/10/24. AC STJ PROC48146 DE 1996/11/27.
Sumário : I - Para que se verifique o privilégio do homicídio, impõe-se que o agente se encontre dominado por emoção violenta, que tal emoção seja a causadora do acto criminoso e que essa emoção seja compreensível. II - A compreensibilidade da emoção radica-se na possibilidade de se estabelecer uma relação não desvaliosa entre os factos que provocaram a emoção e essa mesma emoção. III - A compreensibilidade da emoção violenta significa uma adequada relação de proporcionalidade entre o facto injusto do provocador e o facto ilícito do...
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