Acórdão nº 038125 de Supremo Tribunal de Justiça (Portugal), 02 de Julho de 1986 (caso NULL)
| Magistrado Responsável | PINTO GOMES |
| Data da Resolução | 02 de Julho de 1986 |
| Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: PROVIDO.
Área Temática: DIR CRIM - TEORIA GERAL. DIR PROC PENAL - RECURSOS. DIR PROC CIV - RECURSOS.
Legislação Nacional: CP82 ART14 N2 N3 ART17. CPP29 ART499 ART502 ART512 ART518. CPC67 ART646 N3 ART650 ART712 N2.
Jurisprudência Nacional: AC STJ DE 1967/04/03 IN BMJ N176 PAG116.
Sumário : I - A legítima defesa putativa cifra-se, em última análise, num erro sobre a ilicitude, devendo a sua problemática ser estudada no âmbito do artigo 17 do Código Penal. II - Quesitada a intenção (ou o dolo directo) e sendo a resposta negativa, há que indagar se não se teriam verificado as outras modalidades dolosas (a necessária e a eventual), em complemento do quesito formulado ou...
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