Acórdão nº 9710210 de Court of Appeal of Porto (Portugal), 09 de Abril de 1997
| Magistrado Responsável | MILHEIRO DE OLIVEIRA |
| Data da Resolução | 09 de Abril de 1997 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: PROVIDO. ALTERADA A DECISÃO.
Área Temática: DIR CRIM - CRIM C/PESSOAS.
Legislação Nacional: CP95 ART143 N3 B.
Sumário: I - Só há retorsão, para efeito de dispensa de pena ( artigo 143 n.3 alínea b) do Código Penal ), quando o agente agride fisicamente em resposta a uma ofensa física que recebe, ou seja, " quando paga com a mesma moeda " ou de modo análogo ou semelhante ao recebido. O legislador utilizou a expressão " agressor " no seu sentido usual e corrente de autor de ofensa física corporal, não pretendendo incluir nela aquele que ofende quaisquer direitos penalmente protegidos. II - Por outro lado, o emprego da palavra " unicamente "; constante do referido preceito da alínea b) do n.3 do artigo 143 do Código Penal, parece inculcar a ideia que o legislador visou apenas aquelas situações em que o agente agiu de imediato e em desforço perante uma agressão recebida e com a intenção de a repelir ou retribuir, pois só assim ocorre a...
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