Acórdão nº 041283 de Supremo Tribunal de Justiça (Portugal), 12 de Dezembro de 1990
Magistrado Responsável | JOSE SARAIVA |
Data da Resolução | 12 de Dezembro 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 / TEORIA GERAL. DIR PROC PENAL.
Legislação Nacional: CPP87 ART163 ART374 N2 ART376 ART410 N2 ART426 ART433 ART436. CP82 ART14 ART31 N2 A ART32 ART131.
Sumário : I - O juizo sobre a intenção de matar não e um juizo tecnico, cientifico ou artistico, não e um juizo de tecnica medica apenas. Tal conclusão ha-de derivar de dados varios conjugados com as regras da experiencia comum, que não e exclusiva ou tipica da medicina. II - Admitindo o relatorio da autopsia a existencia ou não existencia da intenção de matar os julgadores, tendo apreciado o conjunto das provas, podem decidir que não se provou a intenção de matar, sem que tal decisão entre em contradição ou divergencia com a prova pericial medica. III - Por isso, o colectivo não tinha de fundamentar a pretensa divergencia, não padecendo o acordão de nulidade por falta de fundamentação de facto nos termos dos artigos 374 n. 2 e 379 do Codigo de Processo Penal. IV - Agiu em legitima defesa a arguida que, - depois de a vitima, seu marido, embriagado, lhe ter desferido uma forte bordoada com o bordão com que...
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