Acórdão nº 040396 de Supremo Tribunal de Justiça (Portugal), 31 de Janeiro de 1990 (caso NULL)
Magistrado Responsável | FERREIRA VIDIGAL |
Data da Resolução | 31 de Janeiro 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.
Legislação Nacional: CP82 ART73 ART107 N3 ART128 ART131 ART133. L 69/78 DE 1978/11/03 ART29 ART31 N1 B ART65. CONST76 ART30 N4 ART49. CPP87 ART71. CCIV66 ART4 ART483 ART493 ART496 N2 N3 ART562 ART564 ART566.
Jurisprudência Nacional: AC STJ DE 1974/04/16 IN BMJ N236 PAG138. AC STJ DE 1983/11/30 IN BMJ N331 PAG356. AC TC DE 1986/04/20 IN DR IS 1986/06/03.
Sumário : I - No crime de homicidio privilegiado do artigo 133 do Codigo Penal exige-se não apenas um estado de emoção violenta, mas tambem que o agente mate dominado por este estado e que este seja compreensivel pelo que uma simples exaltação não pode, so por si, ser exigida a categoria de emoção violenta requerida pela lei. II - Segundo o artigo 65 da Lei n. 69/87, de 3 de Novembro, disposição que alias, constitui uma reafirmação integral do preceituado no artigo 30, n. 4 da Constituição, nenhuma pena envolve, como efeito necessario, a perda de direitos civis, profissionais ou politicos, um dos quais e precisamente, de acordo com o artigo 49 da Lei Fundamental, o direito de sufragio. III - O quantum indemnizatorio, requerido ao abrigo do artigo 71 do Codigo de Processo Penal ha-de ressarcir, em harmonia com o disposto nos artigos 483 e 496...
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