Acórdão nº 98P584 de Supremo Tribunal de Justiça (Portugal), 29 de Outubro de 1998
Magistrado Responsável | SA NOGUEIRA |
Data da Resolução | 29 de Outubro de 1998 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: ANULADO O JULGAMENTO.
Área Temática: DIR PROC PENAL - RECURSOS. DIR CIV - DIR RESP CIV. DIR CRIM - CRIM C/PESSOAS.
Legislação Nacional: CPP87 ART401 N1 B ART410 N2 A B. CCIV66 ART495 ART496 ART566 ART805 N3. CP82 ART132 N2 F.
Sumário : I - Se a assistente, no seu recurso, não pede a agravação do montante indemnizatório que o arguido foi condenado a pagar-lhe, mas, tão somente, a alteração da qualificação jurídica e a consequente aplicação de uma pena mais grave a este, é claro que não pode ter-se como verificado um interesse directo e específico, de natureza económica, na alteração da incriminação. E se, como acontece no caso concreto, a convolação operada no acórdão recorrido, de homicídio qualificado para homicídio simples, não se fundou na circunstância de se ter atribuído à vítima uma quota-parte de responsabilidade pela produção do evento, então, é do mesmo modo claro que assitente, enquanto recorrente, não surge como titular de um interesse directo na alteração do aludido enquadramento jurídico. Finalmente, o facto do arguido, no seu recurso, pugnar pelo reconhecimento de que a vítima o teria provocado, só por si, não tem virtualidade para conferir à assistente legitimidade para, em recurso autónomo, vir tentar demonstrar que se verificam os factores de agravação da alínea f), do n. 2, do...
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