Acórdão nº 041315 de Supremo Tribunal de Justiça (Portugal), 27 de Fevereiro de 1991
Magistrado Responsável | FERREIRA VIDIGAL |
Data da Resolução | 27 de Fevereiro de 1991 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: PROVIDO PARCIAL.
Área Temática: DIR CRIM - TEORIA GERAL / CRIM C/PESSOAS.
Legislação Nacional: CP82 ART22 ART23 ART74 N1 A ART131 ART132 C N2 F ART260. CCIV66 ART483 ART494 ART496. CPP87 ART404 N1.
Jurisprudência Nacional: ASS STJ DE 1989/04/05 IN DR IS 1989/05/12.
Sumário : I - Motivo futil, como tem sido referido no Supremo Tribunal de Justiça, e o que não e motivo; e o motivo sem relevo, o que de modo algum explica o comportamento do agente, nem o torna compreensivel. II - Aquele que, embora sem justificação ou sequer com alargada redução de culpa, encontrando-se irritado depois de um incidente inicial com a vitima (que o agente provocara) e que em razão do alcool que influira e potenciara a irritação e desconfiança que a vitima o pretende desarmar ou mesmo agredir, não age com motivo futil no sentido da lei. III - A utitização de...
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