Acórdão nº 040611 de Supremo Tribunal Administrativo (Portugal), 28 de Março de 1990 (caso None)
| Magistrado Responsável | LOPES DE MELO |
| Data da Resolução | 28 de Março de 1990 |
| Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decis„o: NEGADO PROVIMENTO.
¡rea Tem·tica: DIR CRIM - CRIM C/PESSOAS.
LegislaÁ„o Nacional: CP82 ART32 ART65 ART69 N2 ART131 ART133 ART260. CPP87 ART340 N1 ART409 ART410 N2 A B C ART412 N3 ART430 ART433. CONST82 ART30 N4 N5.
Sum·rio : I - N„o age com "animus deffendendi" (artigo 32 do Codigo Penal) aquele que, a ameaÁa com arma de fogo, por parte do ofendido, responde com outro instrumento de igual natureza de que era portador, que de imediato empunhou e apontou a cabeÁa daquele, logo disparando um tiro que foi causa directa e necessaria da sua morte. II - Desde que se verifique a falta do "animus deffendendi", ficam desde logo excluidas, n„o so a legitima defesa, como ainda a putativa e o seu excesso. III - N„o deve ser comunicada a comiss„o...
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