Acórdão nº 039201 de Supremo Tribunal de Justiça (Portugal), 25 de Novembro de 1987
| Magistrado Responsável | MANSO PRETO |
| Data da Resolução | 25 de Novembro de 1987 |
| Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR CRIM - CRIM C/PESSOAS.
Legislação Nacional: CP82 ART22 N1 ART23 N2 ART24 ART32 ART72 N1 N2 B ART74 ART131 ART133. L 16/86 DE 1986/06/11 ART13 N1 B. CPP29 ART666. LOTJ87 ART30.
Sumário : I - O reu cometeu um crime de homicidio consumado e dois crimes de homicidio tentado. II - Cometeu-os a titulo de dolo eventual a forma mais atenuada ou enfraquecida do dolo. III - E cometeu-os com dolo eventual porque quis directamente ferir os seus antagonistas, causando-lhe panico e desassossego, embora admitindo e aceitando a sua possivel morte. IV - Ao dolo eventual segue-se a menor intensidade deste, com reflexos mitigantes no grau da culpa e correlativamente da gravidade da pena. V - Atendendo a essa circunstancia e as demais, a pena pelo homicidio consumado não deve ir alem de 10 anos de prisão, ou seja, dois anos...
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