Acórdão nº 041907 de Supremo Tribunal de Justiça (Portugal), 31 de Outubro de 1991
Magistrado Responsável | CERQUEIRA VAHIA |
Data da Resolução | 31 de Outubro de 1991 |
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 CIV - DIR RESP CIV. DIR PROC PENAL - RECURSOS.
Legislação Nacional: CP82 ART32 ART33 N1 ART72 N1 N2 ART73 ART74 ART128 ART131 ART133. CPP87 ART71 ART73 ART75 ART340 ART377 N1 ART410 ART433. CCIV66 ART483 ART485.
Sumário : I - Como resulta dos artigos 32 e 33 n. 1 do Codigo Penal, exige-se o "animus deffendendi" ou seja o intuito de defesa por parte do dependente quer na legitima defesa, quer no excesso de legitima defesa. II - Não constando dos factos apurados que o arguido agiu com o intuito de defesa propria ou alheia, maxime da esposa e filho, antes deles se concluindo o intuito de ofender "animus offendendi" como resulta da do facto provado que "o arguido agrediu o irmão por este o vir aborrecendo desde ha algum tempo, em virtude negocios conjuntos e por naquela ocasião o ter agredido e a sua mulher", não se verifica o referido requisito da legitima defesa num excesso de legitima defesa. III - Não constando provado expressamente nem resultando dos factos provados que o arguido haja cometido o crime com sensivel diminuição da culpa e, por outro lado, não podendo ser considerado social ou moralmente o motivo por que agiu e acima referido, e não resultando ainda apurado que tenha agido dominado por compreensivel emoção violenta, maxime compreensivel e determinada por forte provocação contra sua mulher, seu filho e a si proprio, o arguido cometeu o...
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