Acórdão nº 036917 de Supremo Tribunal de Justiça (Portugal), 24 de Março de 1983
Magistrado Responsável | COSTA FERREIRA |
Data da Resolução | 24 de Março de 1983 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR CRIM - CRIM C/PESSOAS / TEORIA GERAL.
Legislação Nacional: CP886 ART34 N27 N28 ART360 N4. CP82 ART2 N4 ART48 N2 ART142 N1. L 17/82 DE 1982/07/02 ART5 N5. L 3/81 DE 1981/03/03 ART2 N1 C.
Sumário : I - Encontra-se correctamente doseada a pena de vinte meses de prisão e quatrocentos dias de multa a taxa diaria de 40 escudos ou, em alternativa, 266 dias de prisão, em que foi condenado o reu pelo Tribunal a quo, nos termos do artigo 360, n. 4, do Codigo Penal de 1886, por ter agredido voluntariamente a esposa durante uma discussão entre eles, em sua casa, com um cabo de machado, com cerca de um metro de comprimento, atingindo-a na cabeça e no braço direito o que lhe causou ferimentos determinantes de 154 dias de doença com incapacidade para o trabalho, não obstante o seu bom comportamento anterior. II - Para alem da agravante da superioridade em razão da arma concorrem a 27 (ser a ofendida casada com o reu) e 28 (superioridade em razão do sexo), ambas do artigo 34 do citado Codigo pois aquela tem por fundamento a violação do dever de respeito entre os conjuges pelo que pode verificar-se tanto em relação ao marido como a mulher, enquanto a ultima se baseia, em termos de normalidade, numa real superioridade fisica...
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