Acórdão nº 045971 de Supremo Tribunal de Justiça (Portugal), 17 de Março de 1994 (caso NULL)
| Magistrado Responsável | CARDOSO BASTOS |
| Data da Resolução | 17 de Março de 1994 |
| 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.
Legislação Nacional: CP82 ART72 ART73 ART74 ART132 N1 N2.
Jurisprudência Nacional: AC STJ DE 1985/03/20 IN BMJ N345 PAG248. AC STJ DE 1985/12/18 IN BMJ N352 PAG220. AC STJ DE 1986/11/26 IN BMJ N361 PAG283. AC STJ DE 1989/02/09 IN BMJ N384 PAG402. AC STJ DE 1990/04/19 IN BMJ N396 PAG253.
Sumário : I - As circunstâncias que o n. 2 do artigo 132 do Código Penal enumera não são elementos do tipo, mas da culpa. Daí não funcionarem automaticamente. II - "Motivo fútil" é aquele que não é motivo, que praticamente não existe. III - O facto injusto provocatório...
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