Acórdão nº 035968 de Supremo Tribunal de Justiça (Portugal), 11 de Novembro de 1981
Data | 11 Novembro 1981 |
Órgão | http://vlex.com/desc1/1997_01,Supreme Court of Justice (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR CRIM - TEORIA GERAL.
Legislação Nacional: CP886 ART361 PARUNICO ART370.
Sumário : I - São requisitos da provocação, como circunstancia atenuante modificativa nos termos do artigo 370 do Codigo Penal, alem do mais, que o agente actue sob a influencia de um estado de dor, ira, excitação ou colera causado por facto injusto de outrem que lhe altere as condições normais de determinação: e que haja proporcionalidade entre o acto provocador e a reacção do provocado. II - Não se verifica qualquer destes requisitos quando o agente, de 36 anos de idade, apos uma breve troca de palavras com o ofendido, de 78 anos, a quem fora pedir trabalho, e depois deste o ter intimado a tirar o chapeu e de o ter agredido com as mãos produzindo-lhe ferimentos, lhe vibrou uma navalhada causando-lhe a morte. III - Não havendo interrupção do nexo causal entre a agressão e a morte, desde logo se impõe concluir que esta se deve como consequencia necessaria da lesão. Constitui causa adequada da morte a agressão a navalhada que provoca, na vitima, perfuração traumatica do intestino, da qual...
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