Acórdão nº 041798 de Supremo Tribunal de Justiça (Portugal), 25 de Setembro de 1991
| Magistrado Responsável | SA NOGUEIRA |
| Data da Resolução | 25 de Setembro de 1991 |
| Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR CRIM - TEORIA GERAL.
Legislação Nacional: CP82 ART32. CPP29 ART3 ART152 ART154. L 23/91 DE 1991/07/04 ART14.
Sumário : I - A legítima defesa é a figura de direito criminal que caracteriza os actos praticados por um agente como meio necessário para repelir uma agressão actual e ilícita de quaisquer interesses juridicamente protegidos do dito agente ou de terceiro. II - A legítima defesa deve traduzir-se numa conduta não desproporcionada de reacção a uma lesão actual (em execução ou em começo dela) dos interesses protegidos e que tal lesão seja ilícita, ou seja, não justificada ou legitimada pelo direito. III - A absolvição transitada, em processo penal, constitui mera presunção de que o arguido não praticou o ilícito ou de que os factos acusados se não provaram, o que...
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