Acórdão nº 98P388 de Supremo Tribunal de Justiça (Portugal), 17 de Junho de 1998
Magistrado Responsável | PIRES SALPICO |
Data da Resolução | 17 de Junho de 1998 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: PROVIDO PARCIAL.
Área Temática: DIR CRIM - CRIM C/PESSOAS.
Legislação Nacional: CP95 ART72 ART131 ART133.
Sumário : I - Considera-se tomado por emoção violenta, o arguido que, confirmando anteriores suspeitas de infidelidade da esposa, depara com esta beijando outro homem, numa rua da Amadora, e ainda vê ela dirigir-lhe um sorriso quando dá pela sua presença. II - Porém, dado que não reagiu imediatamente e, antes se dirigiu para a sua residência, em Caneças, e, depois, já acompanhado da mulher - entretanto também regressada ao lar - e na viatura dela, para a zona de Vale Nogueira, em Loures, onde, então, no decurso de uma violenta discussão com aquela, lhe deu a morte, golpeando-a com um "rascador", tem de entender-se que, neste último momento, já não subsistia aquela emoção violenta, pelo que cometeu um crime de homicídio simples previsto e punido pelo artigo 131, do Código Penal (e não o privilegiado previsto e...
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