Acórdão nº 039350 de Supremo Tribunal de Justiça (Portugal), 11 de Maio de 1988 (caso NULL)
Magistrado Responsável | ALVES PEIXOTO |
Data da Resolução | 11 de Maio de 1988 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR CRIM - TEORIA GERAL / CRIM C/PESSOAS. DIR CIV - DIR RESP CIV. DIR PROC PENAL. DIR PROC CIV.
Legislação Nacional: CP82 ART18 ART32 ART33 ART35 ART73 N2 B ART144 N2 ART145 N1. CCIV66 ART495 N3 ART496 ART566 N3. CPP29 ART98 N1 ART99 PAR3 ART665 ART667. CPC67 ART712 N1.
Sumário : I - Não se tendo provado uma "agressão actual", e juridicamente inviavel a figura do excesso de legitima defesa (artigo 33 do Codigo Penal). II - Do mesmo modo, sem a existencia de um "perigo actual" para os interesses juridicos do agente, não se pode falar de estado de necessidade desculpante ou de inexibilidade de comportamento diferente. III - Em Direito Penal, não se põe o problema do onus da prova. O tribunal deve não so averiguar...
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