Acórdão nº 037083 de Supremo Tribunal de Justiça (Portugal), 16 de Novembro de 1983 (caso NULL)
Magistrado Responsável | VILLA NOVA |
Data da Resolução | 16 de Novembro de 1983 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decis„o: NEGADO PROVIMENTO.
¡rea Tem·tica: DIR CRIM - CRIM C/PESSOAS / TEORIA GERAL. DIR PROC PENAL - RECURSOS.
LegislaÁ„o Nacional: CPP29 ART76 PAR3 ART273 PAR2 ART370 PAR1 ART371 PAR2 ART518 ART525 ART649. CP886 ART39 N17 ART44 N5 ART46 ART84 ART349 ART378. CP82 ART32 ART33 ART132 N1 N2.
JurisprudÍncia Nacional: AC RC DE 1978/03/17 IN CJ ANOIII PAG727. AC STJ DE 1977/10/12 IN BMJ N270 PAG63. AC STJ DE 1979/07/18 IN BMJ N289 PAG177.
Sum·rio : I - A apresentaÁ„o da alegaÁ„o de recurso em processo com reu preso n„o constitui acto que deva ser praticado em ferias. II - N„o se verifica o requisito (da legitima defesa) "necessidade racional do meio empregado para prevenir ou suspender a agress„o", previsto no n. 3 do artigo 46 do Codigo Penal de 1886 quando o reu, para evitar ser agredido pela vitima, mais forte, por ter muito menos idade, mas n„o munido de qualquer arma ou instrumento, usou uma "colmeira", de alta aptid„o para ser usada como instrumento letal de agress„o, prevendo que da sua conduta podia resultar, como resultou, a morte daquela, em vez de, agarrando a "colmeira", se ter colocado em posiÁ„o de, com ela, ofender a vitima, assim a desencorajando de executar a iminente agress„o, ou, quando muito, te-la atingido em local do corpo menos vulneravel. III - Verificados os demais requisitos (da legitima defesa), e de inferir que o reu agiu, nesse caso, com excesso de legitima defesa, contemplado no artigo 378 do Codigo Penal de 1886, ou por culposo (inconsideraÁ„o na execuÁ„o...
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