Acórdão nº 040572 de Supremo Tribunal de Justiça (Portugal), 02 de Maio de 1990 (caso NULL)
Magistrado Responsável | FERREIRA DIAS |
Data da Resolução | 02 de Maio de 1990 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: ALTERADA A DECISÃO.
Área Temática: DIR CRIM - CRIM C/PESSOAS / TEORIA GERAL. DIR PROC PENAL - RECURSOS.
Legislação Nacional: CP82 ART32 ART72 ART131 ART133 ART142 N1. CPP87 ART410 N2 N3 ART473.
Jurisprudência Nacional: AC STJ DE 1983/10/31 IN BMJ N331 PAG357. AC STJ DE 1985/01/16 IN BMJ N343 PAG189. AC STJ DE 1986/05/28 IN BMJ N357 PAG254. AC STJ DE 1987/11/04 IN BMJ N371 PAG211. AC STJ DE 1986/02/13 IN BMJ N354 PAG295. AC STJ DE 1979/07/18 IN BMJ N289 PAG177.
Sumário : I - O animus defendendi do agente, isto e, o intuito de se defender da agressão de que estava a ser vitima, e um elemento de facto fundamental para que se verifique a figura juridica da legitima defesa. II - Não agindo o agente em estado de legitima defesa, impossivel se torna configurar a existencia de um excesso de legitima defesa, ja que esta figura pressupõe a verificação de todos os pressupostos daquela. III - No caso de agressão corporal voluntaria, por forma a produzir lesões que determinaram a morte, o agente, actuando em estado de emoção violenta, age com dolo eventual, desde que preveja, ainda que de modo indefinido e difuso, aquele resultado e, ao agir, se conforme com a ocorrencia desse possivel evento. IV - Um dos pressupostos do homicidio privilegiado, previsto no artigo 133 do Codigo Penal, e o nexo de causalidade entre a morte da vitima e a emoção violenta do agente motivada e...
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