Acórdão nº 036457 de Supremo Tribunal de Justiça (Portugal), 20 de Janeiro de 1982 (caso NULL)
Data | 20 Janeiro 1982 |
Órgão | http://vlex.com/desc1/1997_01,Supreme Court of Justice (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: PROVIDO.
Indicações Eventuais: EDUARDO CORREIA IN DIREITO CRIMINAL V2 PAG374. BELEZA DOS SANTOS IN RLJ ANO63 PAG387.
Área Temática: DIR CRIM - CRIM C/PESSOAS / TEORIA GERAL.
Legislação Nacional: CPP29 ART58 ART447 ART448 ART663 ART665 ART666 ART667 PAR1 N1. CP886 ART7 ART11 ART14 ART23 ART34 N3 N5 N11 N14 N19 N23 N28 ART39 N1 N23 ART75 N1 ART84 ART91 ART107 ART344 ART349 ART360 N2 ART379. L 82/77 DE 1977/12/06 ART30. CCIV66 ART122 ART130. L 3/81 DE 1981/03/13 ART2 N1 E N3.
Jurisprudência Nacional: AC STJ DE 1970/01/28 IN BMJ N193 PAG263. AC STJ DE 1980/01/21 IN BMJ N303 PAG162. ASS STJ DE 1934/06/29 IN DG N151 IS 1934/06/29. AC STJ DE 1977/12/07 IN BMJ N272 PAG152.
Sumário : I - Em crime de homicidio cometido com um sacho, encontrando-se a vitima desarmada, reveste-se de acentuado valor agravativo a superioridade fisica em razão da arma. II - Ha insistencia na consumação do crime quando o reu, apos prostrar a vitima no chão com dois golpes de sacho que não lhe produziram a morte, lhe vibrar mais duas sacholadas, uma das quais letal. III - Actua de surpresa e a traição o reu que vibrou duas sacholadas na vitima, quando esta estava de costas para ele. IV - Constituem ameaças as expressões " que ambos haviam de pagar-lhas " e " e agora que levas ", esta ultima proferida imediatamente antes da agressão. V - Tem pouco valor atenuativo...
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