Acórdão nº 039895 de Supremo Tribunal de Justiça (Portugal), 09 de Fevereiro de 1989
| Magistrado Responsável | MENDES PINTO |
| Data da Resolução | 09 de Fevereiro de 1989 |
| 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 ART131 ART132 N2.
Jurisprudência Nacional: AC STJ DE 1983/05/11 IN BMJ N327 PAG458. AC STJ DE 1985/03/20 IN BMJ N345 PAG248.
Sumário : I - A enumeração de circunstancias qualificativas de homicidio voluntario, contida no n. 2 do artigo 132 do Codigo Penal, tem caracter exemplificativo, não constituindo elementos do tipo legal mas da culpabilidade do agente, mas sendo por isso de funcionamento automatico. II - A agressão com uma faca de cozinha que o reu espetou na região toracica esquerda do ofendido, seu irmão, intencionalmente lhe provocando as lesões determinantes da sua morte, no seguimento de discussão cujo conteudo se ignora, embora praticada em casa do pai de ambos, o...
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