Acórdão nº 036910 de Supremo Tribunal de Justiça (Portugal), 07 de Março de 1983
| Magistrado Responsável | VASCONCELOS CARVALHO |
| Data da Resolução | 07 de Março de 1983 |
| Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: ALTERADA A DECISÃO.
Área Temática: DIR CRIM - CRIM C/PESSOAS / TEORIA GERAL.
Legislação Nacional: CP886 ART34 N11 N19 N28 ART39 N4 ART94 N1 ART349 ART370. CP82 ART72 ART73 N1 N2 ART131. L 17/82 DE 1982/07/02 ART5 N1 C ART7.
Jurisprudência Nacional: AC STJ DE 1978/01/04 IN BMJ N273 PAG125.
Sumário : I - Para que a provocação constitua uma atenuante modificativa ou especial exige-se que se verifique proporcionalidade entre o facto injusto e o crime cometido, exigencia que deve entender-se mantida no novo Codigo Penal (artigo 73, n. 2, alinea b)). II - Não existe qualquer proporção entre uma pedrada...
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