Acórdão nº 040839 de Supremo Tribunal de Justiça (Portugal), 09 de Maio de 1990
| Magistrado Responsável | FERREIRA DIAS |
| Data da Resolução | 09 de Maio de 1990 |
| Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: PROVIDO.
Área Temática: DIR CRIM - CRIM C/PESSOAS / TEORIA GERAL.
Legislação Nacional: CP82 ART48 N2 ART72 ART131 ART133.
Jurisprudência Nacional: AC STJ DE 1983/08/31 IN BMJ N331 PAG357. AC STJ DE 1985/01/16 IN BMJ N343 PAG189. AC STJ DE 1986/05/28 IN BMJ N357 PAG254. AC STJ DE 1987/11/04 IN BMJ N371 PAG211.
Sumário : I - O crime de homicidio privilegiado, previsto pelo artigo 133 do Codigo Penal de 1982, implica os seguintes pressupostos: homicidio doloso, actuação do agente em estado de emoção violenta ou desespero, desculpabilidade desse estado face as circunstancias de momento e nexo de causalidade entre a emoção violenta ou desespero e a morte de outrem. II - A medida da pena, dentro dos limites legais, deve tomar em conta a culpa do agente, as exigencias de prevenção criminal e todas as circunstancias que deponham a favor do agente ou contra ele. III...
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