Acórdão nº 044606 de Supremo Tribunal de Justiça (Portugal), 07 de Julho de 1993 (caso NULL)
Magistrado Responsável | PINTO BASTOS |
Data da Resolução | 07 de Julho de 1993 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO. PROVIDO.
Área Temática: DIR CRIM - CRIM C/PESSOAS.
Legislação Nacional: CP82 ART22 ART23 ART131.
Jurisprudência Nacional: AC STJ PROC41897 DE 1993/07/03. AC STJ PROC39774 DE 1989/01/13. AC STJ PROC41078 DE 1990/09/26.
Sumário : I - Além da necessidade da defesa, é requisito indispensável da legitima defesa a existência de animus deffendendi, cuja verificação se situa no plano da matéria de facto. II - Apenas no caso de não haver agressão ilicita e actual se poderá verificar a legítima defesa putativa, por erro desculpável sobre os pressupostos da defesa. III - Para se saber se há excesso de legitima defesa haverá indagar se para o defendente, naquelas condições concretas, o meio utilizado surge como necessário, em termos aproximados. IV - Quer no crime de homicídio voluntário, quer no crime de homicídio tentado não se verifica por parte do arguido nem intenção de defesa nem uma situação de excesso de defesa quando vem provado que se encontrava armado, perante rapazes desarmados, que foi ele...
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