Acórdão nº 037764 de Supremo Tribunal Administrativo (Portugal), 20 de Março de 1985 (caso None)
Magistrado Responsável | VASCONCELOS CARVALHO |
Data da Resolução | 20 de Março de 1985 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decis„o: PROVIDO.
¡rea Tem·tica: DIR CRIM - CRIM C/PESSOAS / TEORIA GERAL.
LegislaÁ„o Nacional: CP82 ART4 N2 ART73 N2 B ART131 ART132 N1 N2 A. CP886 ART34 N27 ART349.
Sum·rio : I - O legislador reuniu no artigo 132 do Codigo Penal os casos de homicidio qualificado que no Codigo Penal de 1886 eram tratados autonomamente. Trata-se de casos que tem de comum o facto de a morte ter sido causada em circunstancias que revelam "especial censurabilidade ou perversidade do agente". II - As circunstancias enumeradas, a titulo exemplificativo, no n. 2 do artigo 132 do Codigo Penal n„o s„o elementos do tipo mas da culpa. Consequentemente n„o s„o de funcionamento automatico: pode verificar-se qualquer delas sem que deva necessariamente concluir-se pela "especial" censurabilidade ou perversidade do agente. III - N„o e licito concluir pela especial censurabilidade do reu so porque se n„o provaram factos que desmintam "aquele minimo de afectividade que um pai deve nutrir pelo seu proprio filho". IV - Sendo o reu um psicopata explosivo, tal circunstancia e suficiente para afastar a "especial...
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