Acórdão nº 97P101 de Supremo Tribunal de Justiça (Portugal), 28 de Maio de 1997 (caso NULL)
| Magistrado Responsável | MARIANO PEREIRA |
| Data da Resolução | 28 de Maio de 1997 |
| Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR CRIM - TEORIA GERAL / CRIM C/PESSOAS. DIR PROC PENAL - RECURSOS.
Legislação Nacional: CP82 ART32 N2 ART72 ART131. CP95 ART2 N4 ART32 N2 ART131. CPP87 ART410 N2 C ART420.
Sumário : I - Não é configurável como de legítima defesa, a situação a que falte algum dos seguintes requisitos: a) agressão actual, o que implica a sua iminência ou início e respectiva ilicitude ou seja não provocação pelo agente; b) existência de animus defendendi; c) impossibilidade de recurso à força pública; d) necessidade racional do meio empregado. II - Tendo havido uma atitude...
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