Acórdão nº 96P634 de Supremo Tribunal de Justiça (Portugal), 17 de Outubro de 1996 (caso NULL)
Magistrado Responsável | LUCIO TEIXEIRA |
Data da Resolução | 17 de Outubro de 1996 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO.
Indicações Eventuais: LEAL HENRIQUES E SIMAS SANTOS IN COD PENAL 2VOL PÁG56.
Área Temática: DIR CRIM - CRIM C/PESSOAS.
Legislação Nacional: CP82 ART131 ART132 N1 N2 G.
Jurisprudência Nacional: AC STJ PROC44541 DE 1993/07/08. AC STJ PROC41316 DE 1991/01/09. AC STJ DE 1995/12/13 IN CJSTJ ANOIII TIII PAG255. AC STJ DE 1987/06/11 IN BMJ N368 PAG312.
Sumário : I - A frieza de ânimo de que fala a alínea g) do n. 2 do artigo 132 do Código Penal de 1982 para integrar o conceito de "premeditação" aí previsto como qualificante do crime de homícidio, está ligada à formação e manutenção da resolução criminosa e ao modo da sua execução. II - Não é a falta de motivação na formação da resolução que preenche esse conceito. Ele vai antes fundamentar-se no desvalor com que ao formá-la lenta, reflexiva, deliberada e persistentemente, o agente encara a vida humana e a reduz a mera coisa que quer e pode eliminar. III - Este desvalor associado agora a uma mecanização assim programada da acção dirigida à sua execução é que nos dá os contornos jurídico-penais da "frieza de ânimo". IV - Não se sabendo quais os motivos que determinaram o agente a tirar a vida a alguém, não se pode fazer coincidir esse nosso desconhecimento com a ausência de motivos por parte daquele e assim o termos incurso no juízo de especial censurabilidade ou perversidade que o n. 1 do artigo 132, do Código Penal de 1982 aponta. V - Uma pistola de...
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