Acórdão nº 038951 de Supremo Tribunal de Justiça (Portugal), 17 de Junho de 1987
Magistrado Responsável | VILLA NOVA |
Data da Resolução | 17 de Junho de 1987 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: PROVIDO PARCIAL.
Área Temática: DIR CRIM - TEORIA GERAL / CRIM C/PESSOAS.
Legislação Nacional: CP886 ART46 ART372 ART377. CP82 ART14 N3 ART32 ART131 ART132 ART133 N3.
Sumário : I - O artigo 377 do Codigo Penal de 1886 continha uma mera aplicação dos principios gerais sobre legitima defesa a casos de roubo e os dois casos nele previstos estavam incluidos no artigo 46 do mesmo Codigo. Conquanto, no Codigo Penal de 1982, não haja disposição correspondente a daquele artigo 377, certo e que, fundamentalmente, não existem nele novidades relativamente ao direito anterior em materia de legitima defesa, pelo que os dois casos desse artigo podem ser considerados incluidos no artigo 32 do novo Codigo Penal. II - O pagamento da indemnização como...
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