Acórdão nº 038595 de Supremo Tribunal de Justiça (Portugal), 12 de Novembro de 1986
Data | 12 Novembro 1986 |
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 - CRIM C/PESSOAS / TEORIA GERAL.
Legislação Nacional: CPP29 ART448 ART666. L 30/87 DE 1987/12/06 ART30. CP82 ART14 N3 ART22 ART23 N2 ART31 ART43 N1 ART72 ART74 N2. L 3/81 DE 1981/03/13 ART2 N1 D. L 17/82 DE 1982/07/02 ART5 N1 C. L 16/86 DE 1986/06/11 ART13 N1 B.
Jurisprudência Nacional: AC STJ DE 1984/11/21 IN BMJ N341 PAG237. AC STJ DE 1985/03/06 IN BMJ N345 PAG213.
Sumário : I - Tendo o reu sido acusado da pratica de homicidio com dolo directo, traduzido na agressão por meio de uma navalha que cravou no abdomen da vitima, no proposito de lhe produzir a morte, não fica prejudicada a garantia da sua defesa se acabou por ser condenado em pena mais leve, tendo em conta a verificação apenas de dolo eventual, ou seja, que tivesse tão-so querido lesiona-la corporalmente embora admitisse a possibilidade de a mesma vir a morrer em consequencia da navalhada, resultado que aceitou. II - Quando, na apreciação da prova, o tribunal recorrido comete um erro logico ou uma contradição material, ou viola as regras da vida e da experiencia comum, fica-se perante verdadeiras questões de direito, susceptiveis de recurso para o Supremo Tribunal. III - Uma vez que a intenção de matar, seja na forma de dolo directo, seja de dolo eventual, importa a prova de um elemento do foro intimo do agente, essa descoberta so e alcançavel atraves de dados exteriores, designadamente, a violencia da agressão, a arma utilizada, a parte do corpo da...
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