Acórdão nº 037798 de Supremo Tribunal de Justiça (Portugal), 08 de Maio de 1985
Magistrado Responsável | VILLA NOVA |
Data da Resolução | 08 de Maio de 1985 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: PROVIDO PARCIAL.
Área Temática: DIR CRIM - TEORIA GERAL / CRIM C/PESSOAS.
Legislação Nacional: CP82 ART32 ART33 ART73 N2 B ART74 N1 A ART131. CPP29 ART1 PARUNICO. CPC67 ART729 N3.
Jurisprudência Nacional: AC STJ DE 1966/02/23 IN BMJ M154 PAG216.
Sumário : I - A legitima defesa e um conceito de direito que, com ou sem excesso, não pode configurar-se quando se não tenha apurado, em sede de materia de facto, que houve, por parte da vitima, uma agressão actual e ilicita, perante a qual o agente tenha actuado com animus defendendi. II - Ha legitima defesa putativa quando o defendente age na erronea suposição de que existem todos os pressupostos facticos duma situação de legitima defesa, reagindo contra um perigo imaginado como susceptivel de provocar uma lesão, que torne indispensavel a defesa. III - Não se encontra numa situação de legitima defesa putativa quem se apercebeu de que a agressão de que fora objecto ja cessara. IV - Embora a não exigibilidade de outro comportamento ja tenha sido apontada como causa geral de exclusão da culpa, a mesma não e de aceitar num crime de homicidio voluntario quando a vitima, começando por ameaçar o agente com um cajado, todavia se autodesarmou e procurou tão somente desviar o cano da espingarda que lhe era apontada pelo mesmo agente. V - A...
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