Acórdão nº 037526 de Supremo Tribunal de Justiça (Portugal), 21 de Novembro de 1984
Magistrado Responsável | QUESADA PASTOR |
Data da Resolução | 21 de Novembro de 1984 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: PROVIDO.
Área Temática: DIR CRIM - CRIM C/PESSOAS.
Legislação Nacional: CP886 ART11. CP82 ART14 N3 ART22 ART74 N1 ART131.
Sumário : I - A limitação do dolo, na tentativa, ao dolo directo chegou a ser posta na vigencia do Codigo Penal de 1886, com base na expressão "intenção do agente" usada no artigo 11 do mesmo diploma. II - A Doutrina e a Jurisprudencia, porem, quase unanimemente, decidiram no sentido de, na tentativa, apenas se dever por excluida a conduta negligente ou de mera culpa do agente, comportando portanto qualquer tipo de dolo, incluindo o eventual. III - A expressão "decidiu cometer" do n. 1 do artigo 22 do Codigo Penal vigente, se bem que de formulação muito proxima da do artigo 11 do Codigo anterior, e todavia menos incisiva que esta e deve pois ser entendida com o mesmo conteudo de apenas excluir a...
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