Acórdão nº 038951 de Supremo Tribunal Administrativo (Portugal), 17 de Junho de 1987 (caso None)
| Magistrado Responsável | VILLA NOVA |
| Data da Resolução | 17 de Junho de 1987 |
| Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decis„o: PROVIDO PARCIAL.
¡rea Tem·tica: DIR CRIM - TEORIA GERAL / CRIM C/PESSOAS.
LegislaÁ„o Nacional: CP886 ART46 ART372 ART377. CP82 ART14 N3 ART32 ART131 ART132 ART133 N3.
Sum·rio : I - O artigo 377 do Codigo Penal de 1886 continha uma mera aplicaÁ„o dos principios gerais sobre legitima defesa a casos de roubo e os dois casos nele previstos estavam incluidos no artigo 46 do mesmo Codigo. Conquanto, no Codigo Penal de 1982, n„o haja disposiÁ„o correspondente a daquele artigo 377, certo e que, fundamentalmente, n„o existem nele novidades relativamente ao direito anterior em materia de legitima defesa, pelo que os dois casos desse artigo podem ser considerados incluidos no artigo 32 do novo Codigo Penal. II - O pagamento da indemnizaÁ„o como...
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