Acórdão nº 9130538 de Court of Appeal of Porto (Portugal), 06 de Novembro de 1991
| Magistrado Responsável | RAMIRO CORREIA |
| Data da Resolução | 06 de Novembro de 1991 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO. CONFIRMADA A SENTENçA.
Área Temática: DIR CRIM - CRIM C/PESSOAS / TEORIA GERAL.
Legislação Nacional: CP82 ART16 N2 ART31 N2 A ART32 ART48 N1 ART142 N1 ART144 N2.
Jurisprudência Nacional: AC STJ DE 1987/05/27 IN BMJ N367 PAG334.
Sumário: 1 - Não existe o quadro tipico da legitima defesa quando o arguido, sem " animus deffendendi ", agride corporalmente o ofendido ja depois de este ter agredido, por sua vez, o filho menor daquele, desistindo de o perseguir. Nessa altura, ja não se verificava a actualidade da agressão, que consiste naquela ofensa de direitos que ainda existe, que perdura, que ainda continua. 2 -...
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