Acórdão nº 043206 de Supremo Tribunal de Justiça (Portugal), 09 de Dezembro de 1992
| Magistrado Responsável | PINTO BASTOS |
| Data da Resolução | 09 de Dezembro de 1992 |
| Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR CRIM - TEORIA GERAL / CRIM C/PESSOAS.
Legislação Nacional: CP82 ART73 ART131 ART133 ART260.
Jurisprudência Nacional: AC STJ DE 1986/07/16 IN BMJ N359 PAG373. AC STJ DE 1990/01/16 IN CJ ANO1 PAG11.
Sumário : I - Para que o crime de homicídio voluntário possa ser especialmente atenuado por provocação é necessário que o agente tenha agido sob emoção. II - Esse estado ou é apreensível, pelo nervosismo, exaltação, pela cabeça perdida e, como tal, é fixado em sede de matéria de facto, caso em que para ser válido tem que ser conjugado com a reacção do homem médio, para não depender apenas da personalidade exaltada ou melindrosa...
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