Acórdão nº 042124 de Supremo Tribunal de Justiça (Portugal), 30 de Outubro de 1991 (caso NULL)
Magistrado Responsável | JOSE SARAIVA |
Data da Resolução | 30 de Outubro de 1991 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decis„o: NEGADO PROVIMENTO.
¡rea Tem·tica: DIR CRIM - CRIM C/PESSOAS / TEORIA GERAL.
LegislaÁ„o Nacional: CP82 ART14 N3 ART32 ART33 ART72 ART73 N1 N2 B ART74 ART133.
Sum·rio : I - O artigo 32 do Codigo Penal exige, para que se verifique a legitima defesa, o "animus defendendi", isto e, o intuito de defesa por parte do defendente. II - N„o se provando que o arguido agiu com "animus defendendi", mas antes que agiu para se ver livre da vitima na sequencia do desenvolver da agress„o em que ambos se envolveram, n„o ha legitima defesa. III - Nos termos do artigo 33 do Codigo Penal o excesso de legitima defesa implica o circunstancialismo necessario a legitima defesa. IV - A conduta do arguido n„o integra o crime de homicidio privilegiado do artigo 133 do Codigo Penal quando se...
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