Acórdão nº 97P1414 de Supremo Tribunal de Justiça (Portugal), 18 de Fevereiro de 1998
Magistrado Responsável | ANDRADE SARAIVA |
Data da Resolução | 18 de Fevereiro de 1998 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: PROVIDO PARCIAL.
Área Temática: DIR PROC PENAL - RECURSOS. DIR CRIM - CRIM C/PESSOAS.
Legislação Nacional: CP95 ART22 ART23 ART73 N1 A B ART131 ART132 N1 N2 C G. CCIV66 ART496 N1.
Sumário : I - Para que se verifiquem as circunstâncias previstas nas alíneas do n. 2 do artigo 132 do CP para o homicídio ser qualificado, é necessário que as mesmas revelem especial censurabilidade ou preversidade. II - Motivo torpe é o indecoroso, impudico, sórdido, que repugna à generalidade das pessoas. III - Motivo fútil é aquele que não tem relevo, que não chega a ser motivo, que não pode razoavelmente explicar (e muito menos justificar) a conduta do agente; é um motivo notoriamente desproporcionado ou inadequado para ser um começo de explicação da conduta do ponto de vista do homem médio. IV - Frieza de ânimo é a acção com evidente sangue frio, insensibilidade, indiferença, calma ou imperturbada reflexão ao assumir-se a resolução de matar a vítima. V - Reflexão dos meios empregados existe quando o agente bem conhece o poder letal dos meios empregados que conscientemente utiliza para concretizar a sua intenção de tirar a vida à...
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