Acórdão nº 449/21.5JALRA.S1 de Supremo Tribunal de Justiça (Portugal), 13 de Setembro de 2023
Magistrado Responsável | PEDRO BRANQUINHO DIAS |
Data da Resolução | 13 de Setembro de 2023 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
Acordam, em Conferência, na 3.ª Secção Criminal, do Supremo Tribunal de Justiça I. Relatório O arguido AA veio, através de requerimento de 10/07/2023, arguir a nulidade do acórdão proferido por esta Secção do Supremo Tribunal, em 21/06/2023, que negou provimento ao seu recurso e manteve as penas parcelares de 5 anos de prisão (crime de homicídio, na forma tentada) e de 1 ano e 9 meses de prisão (crime de detenção de arma proibida, na forma consumada) e também a pena única, em resultado do cúmulo jurídico efetuado, de 5 anos e 9 meses de prisão aplicadas pelo Juízo Central Criminal de ... -J1 alegando, em síntese, que o referido acórdão é omisso quanto à fundamentação da necessidade das penas (parcelares e única) com tal dosimetria.
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Fundamentação Com todo o respeito pelo entendimento do requerente, a invocação da nulidade, que o mesmo nem sequer qualifica com a respetiva previsão legal, não faz o menor sentido.
Na verdade, como se pode verificar, o acórdão fundamenta, de uma forma perfeitamente suficiente e clara, porque entendeu manter as medidas quer das penas parcelares quer da pena única, que foram aplicadas pelo tribunal a quo, pois encontravam-se bem doseadas, em face da conduta levada a cabo, e respeitavam o princípio da proporcionalidade e não ultrapassavam a medida da culpa do agente.
Naturalmente, as razões de prevenção geral, mais fortes, e de...
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