Acórdão nº 039324 de Supremo Tribunal de Justiça (Portugal), 09 de Março de 1988 (caso NULL)
Magistrado Responsável | ALVES PEIXOTO |
Data da Resolução | 09 de Março de 1988 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: PROVIDO PARCIAL. DECIDIDO NÃO TOMAR CONHECIMENTO.
Área Temática: DIR CRIM - CRIM C/PESSOAS. DIR PROC PENAL.
Legislação Nacional: CP82 ART22 N1 N2 A ART23 N2 ART32 ART53 N2 ART73 ART74 N1 ART78 N1 N2 ART131 ART151. DL 402/82 DE 1982/09/23 ART13. CPP29 ART450 PAR4 ART651 PARUNICO ART665. CCIV66 ART334. CPC67 ART749 ART762 N1. CP886 ART10 ART11 N1.
Jurisprudência Nacional: ASS STJ DE 1934/06/29. AC STJ DE 1969/11/16 IN BMJ N191 PAG193. AC STJ DE 1974/06/12 IN BMJ N238 PAG111. AC STJ DE 1982/11/10 IN BMJ N321 PAG277. AC STJ DE 1984/11/21 IN BMJ N341 PAG260. AC STJ DE 1985/03/06 IN BMJ N315 PAG222. AC STJ DE 1987/11/12 IN BMJ N361 PAG244.
Sumário : I - Quem, matando outrem, com um tiro voluntario no ventre, havendo previsto e aceitado tal resultado, pratica a conduta tipica do artigo 131 do Codigo Penal, com dolo eventual. II - Na legitima defesa e excesso astenico dela, são comuns a existencia de uma agressão actual e uma intenção de defesa. III - Não se verificando qualquer destes requisitos, terão de excluir-se aquelas figuras juridicas. IV - Não pode verificar-se incompatibilidade da tentativa de homicidio com o dolo eventual. V - O direito a vida e eminentemente pessoal e isso faz...
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