Acórdão nº 040603 de Supremo Tribunal Administrativo (Portugal), 07 de Fevereiro de 1990 (caso None)
| Magistrado Responsável | MAIA GONÇALVES |
| Data da Resolução | 07 de Fevereiro de 1990 |
| Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: PROVIDO PARCIAL.
Indicações Eventuais: CONSTITUI JURISPRUDENCIA CONSTANTE DO SUPREMO TRIBUNAL DE JUSTIÇA.
Área Temática: DIR CRIM - CRIM C/PESSOAS.
Legislação Nacional: CP82 ART131 ART132 N2 F ART133 ART260.
Sumário : I - Para a verificação do crime de homicidio privilegiado, da previsão do artigo 133 do Codigo Penal, exige-se uma adequada relação de proporcionalidade entre o facto injusto praticado pela vitima e o facto do agente. II - As circunstancias do n. 2 do artigo 132 do Codigo Penal não são elementos do tipo legal de crime, mas da culpa, não sendo pois de funcionamento automatico, podendo verificar-se...
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