Acórdão nº 96P1402 de Supremo Tribunal de Justiça (Portugal), 22 de Outubro de 1997
Magistrado Responsável | BRITO CAMARA |
Data da Resolução | 22 de Outubro de 1997 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO.
Indicações Eventuais: MAIA GONÇALVES IN CP ANOTADO 10ED PAG194. M GONÇALVES IN CP ANOTADO 2ED 1972 PAG120 2ED 1984 PAG19 10ED 1996 PAG194.
Área Temática: DIR CRIM - CRIM C/PESSOAS / TEORIA GERAL. DIR PROC PENAL - RECURSOS. DIR CONST - DIR FUND.
Legislação Nacional: CPP87 ART409 ART410 N2 B C ART433. CP82 ART32 ART33 N1 N2 ART132 N1 N26 ART142 N1. LOTJ87 ART29. CP95 ART33 N2 ART70 ART71 N1 N2 A B C. CP886.
Jurisprudência Nacional: AC STJ DE 1984/07/14 IN BMJ N339 PAG256. AC RP DE 1979/06/27 IN CJ ANO1979 TIII PAG1018. AC STJ PROC46089 DE 1994/04/21 3SEC.
Sumário : I - Erro notório é aquele que é detectado imediatamente por qualquer homem médio. II - Lendo-se o acórdão recorrido e não se apercebendo, de modo algum que o Colectivo tivesse julgado mal a matéria de facto que tinha de averiguar, sendo de correcta lógica, por outro lado, o fio da descrição dos factos assentes, não pode falar-se de contradição insanável da fundamentação factual. III - É totalmente descabido retirar dos factos provados que o arguido tinha a intenção de matar o ofendido quando o facto que o Tribunal teve como certo, ouvidas numerosas pessoas, oralmente, como da acta consta, não foi o de intenção de matar mas apenas atingir o ofendido com os disparos de pistola que sobre ele desferiu sabendo que daí podia resultar para este um perigo para a sua vida. IV - Não age por motivo fútil o indivíduo que, por duas vezes, dispara contra terceiro tiros de pistola e o fere gravemente quando, como se acentua no acórdão recorrido, que a gravidade do motivo decorre do valor que a população nas...
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