Acórdão nº 9540133 de Court of Appeal of Porto (Portugal), 05 de Abril de 1995
| Data | 05 Abril 1995 |
| Órgão | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR CRIM - TEORIA GERAL.
Legislação Nacional: CP82 ART32.
Sumário: I - A concretização da legítima defesa, impõe, como requisitos de eficácia: a) a existência de uma agressão actual e ilícita; b) um defesa necessária. Agressão é todo o comportamento humano que represente uma ameaça para interesses jurídicamente protegidos. A actualidade de agressão significa que a legítima defesa deve ter lugar depois de ela se ter iniciado e antes de ter terminado, isto é, quando a defesa ainda pode ter êxito; se a agressão for um crime exigir-se-à, pois, que este já tenha...
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