Acórdão nº 044610 de Supremo Tribunal de Justiça (Portugal), 04 de Novembro de 1993 (caso NULL)
| Magistrado Responsável | CARDOSO BASTOS |
| Data da Resolução | 04 de Novembro de 1993 |
| Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: PROVIDO.
Indicações Eventuais: JESCHECK TRATADO VOLI PAG467.
Área Temática: DIR CRIM - TEORIA GERAL / CRIM C/PESSOAS.
Legislação Nacional: CP82 ART31 N1 N2 A ART32 ART144 ART145 N2.
Sumário : I - A necessidade da defesa há-de apurar-se segundo a totalidade das circunstâncias em que ocorre a agressão e, em particular, com base na intensidade daquela, da perigosidade do agressor e da sua forma de agir. Deve ajuizar-se objectivamente e "ex ante", na perpespectiva de um terceiro prudente colocado na situação do agredido. II - Sendo uma hora da madrugada, o local "relativamente isolado", a vítima empunhava uma...
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