Acórdão nº 0004375 de Supremo Tribunal Administrativo (Portugal), 20 de Fevereiro de 1990
| Magistrado Responsável | ARMENIO HALL |
| Data da Resolução | 20 de Fevereiro de 1990 |
| Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: PROVIDO PARCIALMENTE.
Área Temática: DIR CRIM - CRIM C/PESSOAS / CRIM C/ESTADO / TEORIA GERAL. DIR PROC PENAL.
Legislação Nacional: CP82 ART32 ART33 N1 ART144 N2 ART152 ART384 N9. CPP87 ART358 ART359.
Sumário: I - Para haver dolo eventual é necessário que o evento se represente ao agente como um resultado possível da sua conduta e ele se confirme com tal eventualidade. II - Não actua com dolo eventual o arguido que apenas pretendeu demover outrem de o ferir com instrumento perigoso (um copo), empunhando uma pistola que só disparou quando estava eminente agressão. III - A actuação do arguido nas condições indicadas em II foi uma actuação em legítima defesa, sem excesso, se não houver no local outro objecto ou instrumento de que...
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