Acórdão nº 037287 de Supremo Tribunal de Justiça (Portugal), 26 de Abril de 1984 (caso NULL)
| Data | 26 Abril 1984 |
| Órgão | http://vlex.com/desc1/1997_01,Supreme Court of Justice (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: PROVIDO PARCIALMENTE.
Área Temática: DIR CRIM - TEORIA GERAL / CRIM C/PESSOAS / CRIM C/SOCIEDADE. DIR CIV - DIR RESP CIV. DIR PROC PENAL.
Legislação Nacional: CP886 ART10 ART34 N14 N28 ART39 N1 N4 N23 ART55 N1 ART102 N2 ART169 PARUNICO ART349 ART351 N1 N4 ART352 ART370 ART372 ART401. CP82 ART2 N4 ART22 ART23 ART46 N2 ART71 ART73 N2 B ART74 N1 A ART78 N1 ART131 ART132 N2 F ART260 ART361 N1. DL 37313 DE 1949/02/21 ART36 PARUNICO ART66. DL 207-A/75 DE 1975/04/17 ART5 N1 A. DL 328/76 DE 1976/05/06. DL 131/82 DE 1982/04/23. DL 400/82 DE 1982/09/23 ART6 ART7. CCIV66 ART494 ART566 N3. CPP29 ART34 PAR2 ART447.
Jurisprudência Nacional: AC STJ DE 1983/01/05 IN BMJ N323 PAG181. AC STJ DE 1983/01/21 IN BMJ N323 PAG187. AC STJ DE 1983/03/24 IN BMJ N324 PAG433. AC STJ DE 1983/04/27 IN BMJ N326 PAG331. AC STJ DE 1983/06/15 IN BMJ N328 PAG371.
Sumário : I - A provocação pressupõe um estado emocional causado pelo acto provocador e subsistente desde que este foi conhecido do reu ate a sua reacção. II - A reacção ha-de ser proporcionada ao acto provocador. III - O Codigo Penal de 1982 não...
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