Acórdão nº 9150736 de Court of Appeal of Porto (Portugal), 29 de Janeiro de 1992
Magistrado Responsável | HERNANI ESTEVES |
Data da Resolução | 29 de Janeiro de 1992 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: PROVIDO PARCIALMENTE. ALTERADA A DECISÃO.
Área Temática: DIR CRIM - CRIM C/SOCIEDADE / CRIM C/ PESSOAS / TEORIA GERAL.
Legislação Nacional: CPP29 ART466 ART468 ART469 ART663 ART665. CPC67 ART712. CP82 ART23 N1 N2 ART31 N1 N2 A ART32 ART33 ART48 N2 ART71 ART72 ART73 ART74 N1 A ART78 ART131 ART133 ART142 ART260. CONST89 ART32 N1.
Jurisprudência Nacional: ASS STJ DE 1934/06/29. AC STJ DE 1984/12/19 IN BMJ N342 PAG237. AC RP DE 1985/04/24 IN CJ T2 ANOX PAG256. AC TC N55/85 IN DR IIS 1985/05/28. AC STJ DE 1985/05/08 IN BMJ N347 PAG149. AC STJ DE 1988/01/27 IN BMJ N373 PAG317. AC TC N207/88 IN DR IIS 1989/01/03. AC TC N304/88 IN DR IIS 1989/04/11. AC STJ DE 1989/04/26 IN BMJ N386 PAG260. AC TC N401/91 DE 1991/10/30 IN DR IS-A 1992/01/08.
Sumário: I - A agressão actual e ilicita e um dos pressupostos de legitima defesa, consistindo a agressão essencialmente na ofensa do bem juridico do defendente ou de terceiros, mediante acção ou omissão. A ilicitude da agressão tem de ser apreciada pelo lado do agredido, pelo que so deve reputar-se ilicito ou ilegal a agressão que o defendente não e legalmente obrigado a suportar. II - Contra a legitima defesa não pode exercer-se uma legitima defesa. III - Não ha legitima defesa se o arguido disparou a arma contra o ofendido, não estando...
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