Acórdão nº 043055 de Supremo Tribunal de Justiça (Portugal), 17 de Fevereiro de 1993 (caso NULL)
Magistrado Responsável | ABRANCHES MARTINS |
Data da Resolução | 17 de Fevereiro de 1993 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: PROVIDO.
Área Temática: DIR CRIM - CRIM C/PESSOAS / TEORIA GERAL.
Legislação Nacional: CP82 ART32 ART48 ART131 ART133. CONST89 ART21.
Jurisprudência Nacional: AC STJ DE 1985/01/16 IN BMJ N343 PAG189. AC STJ DE 1985/03/13 IN BMJ N345 PAG239.
Sumário : I - São requisitos da legítima defesa: 1- A existência de uma agressão actual e ilícita; 2- Por parte da defesa, o uso de meios necessários para fazer cessar a agressão, paralisando a actuação do agressor, incluindo a impossibilidade de recurso à força pública. II - São elementos da legítima defesa: 1- A necessidade, ou seja, a defesa só é legítima se for indispensável à salvaguarda do interesse jurídico protegido, o que implica o uso de meio menos gravoso para o agressor. 2- O "animus defendendi", ou seja, a vontade de defesa por parte do defendente, isto é, a sua actuação só pode ir até ao ponto necessário para evitar a agressão. III - Provado que o recorrente, em determinado momento da luta com a vítima, ficou colocado por cima desta e com o podão que ela inicialmente...
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