Acórdão nº 0267893 de Supremo Tribunal Administrativo (Portugal), 11 de Dezembro de 1991 (caso None)
Magistrado Responsável | ROCHA MOREIRA |
Data da Resolução | 11 de Dezembro de 1991 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decis„o: NEGADO PROVIMENTO.
¡rea Tem·tica: DIR CRIM - TEORIA GERAL. DIR PROC PENAL. DIR CIV - DIR RESP CIV.
LegislaÁ„o Nacional: CP82 ART31 ART32. CPC67 ART660 N2 ART661 N1 ART668 N1 D. L 23/91 DE 1991/07/04 ART14 N1 B. CPP87 ART75 ART77 N1.
Sum·rio: I - N„o se configura situaÁ„o de legÌtima defesa, de que s„o pressupostos, por parte do agressor, agress„o actual e ilÌcita e, da parte do defendente, o "animus defendendi" e a necessidade do meio empregado: - ora, provou-se que o recorrente e o outro arguido se envolveram em luta, no decurso da qual, se ofenderam, volunt·ria, corporal e reciprocamente, servindo-se o primeiro das m„os e do bast„o met·lico e o segundo, das m„os e de um pau. A forma como se iniciou a contenda afasta a existÍncia de agress„o unilateral; o comportamento do arguido-recorrente n„o se mostra, de modo algum, motivado por propÛsito defensivo. II - H· que revogar a suspens„o da execuÁ„o da pena, dado o perd„o...
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