Acórdão nº 038124 de Supremo Tribunal de Justiça (Portugal), 05 de Fevereiro de 1986 (caso NULL)
Magistrado Responsável | VASCONCELOS DE CARVALHO |
Data da Resolução | 05 de Fevereiro de 1986 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR CRIM - CRIM C/PESSOAS / TEORIA GERAL. DIR PROC PENAL - RECURSOS.
Legislação Nacional: CPP29 ART518. CPC61 ART712 N1 N2. CP82 ART14 N3 ART131 ART132 N1 N2 ART133.
Jurisprudência Nacional: AC STJ DE 1972/10/06 IN BMJ N220 PAG152.
Sumário : I - O Supremo Tribunal de Justiça não pode alterar a resposta a um quesito, quando , sendo inaplicaveis as previsões das alineas a) e c) do n.1 do artigo 712 do Codigo de Processo Civil, para o qual remete o artigo 518 do Codigo de Processo Penal, os autos não forneçam elementos que imponham uma resposta diversa, insusceptivel de ser destruida por quaisquer outras provas - alinea b) do citado n. 1 do artigo 712 do Codigo de Processo Civil. II - Para, no caso "sub judice", ser dada como provada a intenção de matar, importaria não dar como provado um facto que a prova fixou - o dolo eventual. III - A verificação do estado de compreensivel emoção violenta, necessario para que a conduta do agente integre o crime de homicidio privilegiado previsto e punido pelo artigo 133 do Codigo Penal, implica a existencia duma adequada relação de proporcionalidade entre o facto injusto do provocador e o facto ilicito do provocado. IV - O facto de o reu ter agido com dolo eventual não constitui obstaculo a qualificação do crime de homicidio voluntario nos termos do n. 1 do artigo 132 do Codigo Penal. V - As...
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