Acórdão nº 038706 de Supremo Tribunal de Justiça (Portugal), 21 de Janeiro de 1987
| Data | 21 Janeiro 1987 |
| 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 - TEORIA GERAL / CRIM C/PESSOAS.
Legislação Nacional: CP82 ART32 ART73 A B ART131 ART133. L 16/86 DE 1986/06/11 ART13 N1 B.
Jurisprudência Nacional: AC STJ DE 1985/03/13 IN BMJ N345 PAG239.
Sumário : I - Para se ter como verificada a legítima defesa, como causa de exclusão da ilicitude, é necessário demonstrar, além do mais, que o réu, ao disparar sobre a vítima, o tivesse feito com "animus deffendendi". II - No crime de homicídio privilegiado do artigo 133 do Código Penal, exige-se, não apenas um estado de emoção violenta, mas também que o...
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