Acórdão nº 037432 de Supremo Tribunal Administrativo (Portugal), 03 de Outubro de 1984 (caso None)
| Magistrado Responsável | COSTA FERREIRA |
| Data da Resolução | 03 de Outubro de 1984 |
| 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 ART22 ART23 N2 ART74 N1 A ART131 ART133 ART260. CP886 ART10 ART104 N1 ART105 ART349 ART350. DL 37313 DE 1949/02/21 ART65 ART66. DL 328/76 DE 1976/05/06. DL 207-A/75 DE 1975/04/17 ART5 N1 A. DL 3/81 DE 1981/03/13 ART1 N1 A. L 17/82 DE 1982/07/02 ART5 N1 C.
Sum·rio : I - A simples prova de que o reu agiu exaltado n„o e suficiente para se ver preenchida a primeira condiÁ„o prevista pelo artigo 133 do Codigo Penal, sendo sempre exigivel que, a tal exaltaÁ„o, corresponda uma "compreensivel emoÁ„o violenta". II - A manifesta prevalencia das circunstancias que depoem a favor do reu, em confronto com as que contra ele concorrem, justifica que, dentro da atenuaÁ„o...
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