Acórdão nº 048886 de Supremo Tribunal de Justiça (Portugal), 14 de Março de 1996 (caso NULL)
| Magistrado Responsável | NUNES CRUZ |
| Data da Resolução | 14 de Março de 1996 |
| Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: PROVIDO PARCIAL.
Indicações Eventuais: CAVALEIRO FERREIRA LIÇÕES DE DIREITO PENAL PARTE GERAL TI PAG199.
Área Temática: DIR CRIM - CRIM C/PESSOAS / TEORIA GERAL.
Legislação Nacional: CP82 ART33 N1 ART48 ART72 ART73 N1 A B ART131. CP95 ART2 N4 ART33 N1 ART74.
Jurisprudência Nacional: AC STJ DE 1984/07/14 IN BMJ N339 PAG256.
Sumário : I - Tendo o arguido compleição física idêntica à da vítima do homicídio que sobre ele cometeu, e provado que para impedir a continuação da agressão que este estava a fazer à irmã do primeiro bastava aquele meter-se de permeio para impedir a continuação da agressão e empurrar a vítima (que na ocasião estava etilizado e não se provou que tivesse qualquer arma consigo) ou podendo mesmo procurar visar uma zona do corpo menos vulnerável e vital, não poderá deixar de se concluir que o arguido usou um meio excessivo, injustificável e irracional, para defesa da...
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