Acórdão nº 047027 de Supremo Tribunal de Justiça (Portugal), 17 de Maio de 1995 (caso NULL)
Magistrado Responsável | VAZ DOS SANTOS |
Data da Resolução | 17 de Maio de 1995 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: PROVIDO PARCIAL.
Área Temática: DIR CRIM - CRIM C/PESSOAS / TEORIA GERAL. DIR PROC CIV. DIR CIV - DIR RESP CIV / DIR SUC.
Legislação Nacional: CP82 ART18 ART48 ART72 N1 ART73 N1 N2 B ART131 ART132 N1 N2 F ART144 N1 N2 ART145 N1 ART148 N3 ART260. CPC67 ART684 N4. CCIV66 ART483 ART494 ART495 N3 ART496 N1 N2 N3 ART2009 N1 A C. L 15/94 DE 1994/05/11 ART12.
Jurisprudência Nacional: AC STJ DE 1977/05/10 IN BMJ N267 PAG145. AC STJ DE 1979/01/18 IN BMJ N283 PAG275. AC STJ DE 1986/05/08 IN BMJ N357 PAG396. AC STJ DE 1971/03/17 IN BMJ N205 PAG150.
Sumário : I - O artigo 145 do CP82 prevê um crime preterintencional que pressupõe a existência de um crime fundamental doloso (ofensa corporal) e a concorrência de um efeito agravante não abrangido pelo dolo, mas imputável a título de negligência, verificando-se a existência de um nexo de causalidade que liga a conduta ao evento preterintencional. II - Ao autor de crime de ofensas corporais com...
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