Acórdão nº 042595 de Supremo Tribunal de Justiça (Portugal), 25 de Junho de 1992
Magistrado Responsável | PEREIRA DOS SANTOS |
Data da Resolução | 25 de Junho de 1992 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR CRIM - TEORIA GERAL.
Legislação Nacional: CP82 ART14 N3 ART33 N2 ART72 ART73 ART131 ART133. CPP87 ART150 ART354 ART410 N2.
Sumário : I - A acção só é penalmente ilícita se realizar um "tipo de injusto", não se tornando "acobertada por uma causa de justificação", do mesmo passo que a culpa não resiste às "causas de exclusão da culpabilidade" ou às "causas de exculpação". II - A legítima defesa pede ou supõe uma agressão actual e é ilícita. A agressão é qualquer ameaça de lesão a bens ou interesses penalmente tutelados. A agressão actual é a que se mostra iminente, está em curso ou ainda perdura. A agressão ilícita é a que objectivamente viola as normas de valoração e não está acobertada por uma oração permissiva. III - A defesa, para ser legítima, há-de ser objectivamente necessária e subjectivamente conduzida pela vontade de se defender, dirigida contra o agressor, que não contra bens jurídicos de terceiro. IV - A defesa necessária é a que permite esperar o termo imediato da agressão, assegurando uma eliminação definitiva do perigo, pela produção do menos dano. V - A legítima defesa putativa, emergente de falsa representação dos pressupostos da legítima defesa aplicam-se os princípios gerais sobre o...
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