Acórdão nº 040134 de Supremo Tribunal de Justiça (Portugal), 12 de Julho de 1989 (caso NULL)
| Data | 12 Julho 1989 |
| Órgão | http://vlex.com/desc1/1997_01,Supreme Court of Justice (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decis„o: NEGADO PROVIMENTO.
¡rea Tem·tica: DIR CRIM - TEORIA GERAL / CRIM C/PESSOAS.
LegislaÁ„o Nacional: CP82 ART72 ART132 N1.
JurisprudÍncia Nacional: AC STJ DE 1983/11/30 IN BMJ N331 PAG376. AC STJ DE 1985/03/20 IN BMJ N345 PAG248. AC STJ DE 1986/05/07 IN BMJ N357 PAG211. AC STJ DE 1986/06/18 IN BMJ N358 PAG260.
Sum·rio : I - A enumeraÁ„o a que se refere o n. 2 ao artigo 132 do Codigo Penal - homicidio qualificado - e meramente exemplificativa e enunciativa. II - As respectivas circunstancias n„o s„o elementos do tipo, mas de culpa, n„o sendo de funcionamento automatico. III - So e futil - artigo 132, n. 2, alinea c), ibidem -, o motivo sem valor, ou insignificante, n„o sendo de considerar como tal qualquer motivo serio ou grave do agente, ainda que este possa estar em erro...
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