Acórdão nº 040380 de Supremo Tribunal de Justiça (Portugal), 14 de Fevereiro de 1990
| Magistrado Responsável | LOPES DE MELO |
| Data da Resolução | 14 de Fevereiro de 1990 |
| 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 ART14 N2 ART32 ART33 ART131 ART133.
Sumário : I - Age com dolo necessario o arguido que de forma consciente e voluntaria, dispara uma pistola contra o peito da vitima a curta distancia, bem sabendo que lhe provocaria necessariamente a morte e que, apesar de ter representado o resultado letal como consequencia necessaria da sua conduta, disparou a arma, conformando- -se com o resultado. II - Não existe legitima defesa se da descrição dos factos provados não resulta que o arguido causou a morte da vitima para repelir agressão actual e ilicita de quaisquer interesses juridicamente protegidos do agente ou de terceiro. III - Não...
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