Acórdão nº 043084 de Supremo Tribunal de Justiça (Portugal), 28 de Outubro de 1992
Magistrado Responsável | FERREIRA DIAS |
Data da Resolução | 28 de Outubro de 1992 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR CRIM - CRIM C/PESSOAS / TEORIA GERAL.
Legislação Nacional: CPP87 ART412 N1 ART433. L 38/87 DE 1987/12/23 ART29. CP82 ART72 ART131 ART132 N1 N2 A F G ART133. CONST89 ART24 ART25.
Jurisprudência Nacional: AC STJ DE 1983/10/31 IN BMJ N331 PAG357. AC STJ DE 1985/01/16 IN BMJ N343 PAG189. AC STJ DE 1986/05/25 IN BMJ N357 PAG254. AC STJ DE 1987/11/04 IN BMJ N371 PAG211. AC STJ PROC41694 DE 1992/10/07. AC STJ PROC40528 DE 1990/03/13.
Sumário : I - Para que ocorra um crime de homicídio privilegiado, previsto e punido pelo artigo 133 do Código Penal, necessário é que se verifiquem os seguintes pressupostos: - que o agente mate outrem (elemento objectivo + dolo); - que o agente actue em estado de desespero; - a existência de um nexo de causalidade entre o estado de desespero que dominava o agente e a morte de outrem; - a existência de uma certa proporcionalidade entre o facto injusto e a reacção do agente; e - que o estado de desespero tenha a viabilidade de diminuir sensivelmente a culpa do agente. II - Desespero é o estado de alma em que se encontra quem já perdeu a esperança na obtenção de um bem desejado, de quem enfrenta uma grande contrariedade ou uma situação insustentável, de quem está sob a influência de um estado de cólera ou de irritação, por aflição, desânimo, desalento, angústia ou ânsia. III - Quem se...
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