Acórdão nº 037149 de Supremo Tribunal de Justiça (Portugal), 30 de Novembro de 1983 (caso NULL)
Data | 30 Novembro 1983 |
Órgão | http://vlex.com/desc1/1997_01,Supreme Court of Justice (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR CRIM - CRIM C/PESSOAS / TEORIA GERAL.
Legislação Nacional: CP886 ART10 ART11 N2 N3 ART34 N28 ART39 N1 N17 N18 ART44 N5 ART46 ART55 N3 ART84 ART104 N1 ART349 ART350 ART378. DL 207-A/75 DE 1975/04/17 ART5 N1 A. DL 37313 DE 1949/02/21 ART66. CP82 ART2 N4 ART14 N3 ART22 ART23 N1 N2 ART24 N1 ART32 ART33 N1 N2 ART48 N1 ART72 ART74 N1 A ART131 ART260. CONST82 ART29 N4. DL 400/82 DE 1982/09/23.
Jurisprudência Nacional: AC STJ DE 1969/11/26 IN BMJ N191 PAG193. AC STJ DE 1974/12/18 IN BMJ N242 PAG175. AC STJ DE 1961/06/21 IN BMJ N108 PAG269. AC STJ DE 1964/01/22 IN BMJ N133 PAG297. AC STJ DE 1964/02/26 IN BMJ N134 PAG707. AC STJ DE 1977/10/12 IN BMJ N270 PAG63. AC STJ DE 1979/07/18 IN BMJ N289 PAG177. AC STJ PROC37039 DE 1983/06/15.
Sumário : I - Não constitui legítima defesa, nem excesso da mesma, o facto de alguém estar a ser esmurrado por outrem e, exaltado, lhe apontar às costas um revólver disparando 4 tiros que só não o mataram devido a prontos cuidados médicos. II - O novo Código Penal, no seu artigo 14, n. 3 estabelece o conceito de dolo eventual, que se dá quando a realização de um facto for representada como uma consequência possível da conduta e o agente actuar...
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