Acórdão nº 038584 de Supremo Tribunal de Justiça (Portugal), 26 de Novembro de 1986
Magistrado Responsável | PINTO GOMES |
Data da Resolução | 26 de Novembro de 1986 |
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: CPP29 ART118. CP82 ART14 N2 N3 ART73 ART74 N1 A ART131 ART132 N1 N2 A ART133. DL 264-B/81 DE 1981/09/03 ART43 ART48. DL 401/82 DE 1982/09/23 ART4. L 16/86 DE 1986/06/11 ART13 N1 B.
Jurisprudência Nacional: AC STJ DE 1985/01/16 IN BMJ N344 PAG274.
Sumário : I - Embora tenha agido sem ter em vista matar o pai, se o reu disparou a pistola voluntariamente e previu a morte dele como consequencia possivel da sua conduta, não se abstendo de disparar, conformando-se, assim, com a produção do evento letal, deve concluir-se que o agente actuou com dolo eventual. II - A enumeração do n. 2 do artigo 132 do Codigo Penal não e taxativa, mas exemplificativa, pelo que as circunstancias nele referidas não são elementos do tipo, mas antes elementos da culpa, o que significa, por um lado, que tais circunstancias não são de funcionamento automatico e, por outro lado, que se a verificação de qualquer das circunstancias ai previstas não implica sempre especial censurabilidade ou perversidade, ja outras circunstancias não descritas na previsão legal podem vir a revela-la. III - Mesmo que se admita que o reu agiu sob emoção violenta, sempre se tera de excluir que tal emoção seja compreensivel ou aceitavel - para efeitos da previsão do artigo 133 do Codigo Penal - por inexistir adequada relação de proporcionalidade entre o comportamento agressivo e ameaçador da vitima (facto injusto provocador) e o homicidio praticado pelo reu (facto ilicito provocado). IV - Atendendo ao grau de culpa do reu, aos motivos para que não concorreu e que estiveram na genese da sua conduta, ao seu bom comportamento anterior e posterior ao crime, a sua idade de 19 anos a data do homicidio, a confissão da materialidade dos factos, espontanea e proficua, posto que...
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