Acórdão nº 040611 de Supremo Tribunal de Justiça (Portugal), 28 de Março de 1990
| Magistrado Responsável | LOPES DE MELO |
| Data da Resolução | 28 de Março 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 ART32 ART65 ART69 N2 ART131 ART133 ART260. CPP87 ART340 N1 ART409 ART410 N2 A B C ART412 N3 ART430 ART433. CONST82 ART30 N4 N5.
Sumário : I - Não age com "animus deffendendi" (artigo 32 do Codigo Penal) aquele que, a ameaça com arma de fogo, por parte do ofendido, responde com outro instrumento de igual natureza de que era portador, que de imediato empunhou e apontou a cabeça daquele, logo disparando um tiro que foi causa directa e necessaria da sua morte. II - Desde que se verifique a falta do "animus deffendendi", ficam desde logo excluidas, não so a legitima defesa, como ainda a putativa e o seu excesso. III - Não deve ser comunicada a comissão...
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