Acórdão nº 039888 de Supremo Tribunal Administrativo (Portugal), 29 de Março de 1989 (caso None)
Magistrado Responsável | SOUSA MACEDO |
Data da Resolução | 29 de Março de 1989 |
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 ART73 N2 B ART78 ART131 ART132 N1 N2 C G ART133. L 16/86 DE 1986/06/11 ART13 N1 N3. CCIV66 ART373 ART376. CPC67 ART712 ART729. CPP86 ART468 PARUNICO ART493 ART518.
JurisprudÍncia Nacional: AC STJ DE 1984/05/30 IN BMJ N137 PAG235. AC STJ DE 1985/02/21 IN BMJ N374 PAG274.
Sum·rio : I - N„o deve considerar-se preenchida a previs„o da alinea b) do n. 2 do artigo 132 do Codigo Penal quando n„o houve, no processo agressivo, actividade enfatica produtora de sofrimento e denunciadora de crueldade, mas apenas acÁ„o idonea para conseguir o resultado letal ainda que com insistencia do meio - seis disparos - explicada pelo transtorno motivado pelo convencimento, no agente, de que seu irm„o tinha...
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