Acórdão nº 9740366 de Court of Appeal of Porto (Portugal), 11 de Junho de 1997
| Magistrado Responsável | FONSECA GUIMARÃES |
| Data da Resolução | 11 de Junho de 1997 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR CRIM - TEORIA GERAL / CRIM C/PESSOAS.
Legislação Nacional: CP95 ART32.
Sumário: I - Face ao disposto no artigo 32 do Código Penal ( 1995 ), são requisitos da legítima defesa: a) a existência de uma agressão " actual ", isto é, que está em desenvolvimento ou iminente; b) e ( agressão ) " ilícita ", no sentido de o seu autor não ter o direito de a praticar; c) o uso dos " meios necessários " para fazer cessar a agressão, onde se inclui a impossibilidade de recurso à força pública e o " animus deffendendi ". II - Provado que, no decurso de uma discussão entre a queixosa e o arguido ( irmãos desavindos por questões de partilhas ), a) ela se atirou a ele com o intuito de o arranhar na cara, para o que se agarrou à camisa, ao ponto de lhe arrancar um bolso; b)...
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