Acórdão nº 037035 de Supremo Tribunal de Justiça (Portugal), 15 de Junho de 1983
Magistrado Responsável | VASCONCELOS CARVALHO |
Data da Resolução | 15 de Junho 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 ART39 N1 N4 N23 ART46 N1 ART94 N4 ART360 N4 ART370. CP82 ART4 N2 ART74 N1 ART142 N1. L 3/81 DE 1981/03/13 ART2 N1 C. L 17/82 DE 1982/07/02 ART5 N1 A.
Jurisprudência Nacional: AC STJ DE 1966/02/23 IN BMJ N154 PAG216. AC STJ DE 1978/01/04 IN BMJ N273 PAG125.
Sumário : I - Ao dar como assente um nexo de causalidade entre a conduta do reu e o resultado lesivo, o Tribunal da Relação não exorbita dos seus poderes de apreciação. II - E da exclusiva competencia das instancias - por se tratar de questão de facto - determinar se se verificou ou não nexo de causalidade. III - Não e possivel a legitima defesa se a agressão não estiver iminente ou em começo de execução. IV - Não se configura a legitima defesa putativa se se provar que o "reu erradamente se convenceu que o ofendido o poderia agredir, agindo assim com ligeiro medo vencivel". V -...
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