Acórdão nº 038966 de Supremo Tribunal Administrativo (Portugal), 27 de Maio de 1987
Magistrado Responsável | VASCONCELOS DE CARVALHO |
Data da Resolução | 27 de Maio de 1987 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR CRIM - CRIM C/PESSOAS / TEORIA GERAL.
Legislação Nacional: CPC61 ART666 ART729 N3. CP886 ART44 N5 ART46. CP82 ART16 N2 ART32.
Jurisprudência Nacional: AC STJ DE 1971/05/12 IN BMJ N207 PAG90.
Sumário : I - Alem da necessidade da defesa, que pressupõe uma agressão actual e ilicita, exige-se como requisito da sua legitimidade o animus defendendi. II - No caso de não haver agressão ilicita e actual, pode verificar-se uma legitima defesa putativa por erro desculpavel sobre os pressupostos da defesa, não havendo, então, uma causa de exclusão da ilicitude, mas sim uma causa de exclusão da culpa (artigo 16, n. 2, do Codigo Penal). III - Ha legitima defesa putativa, excludente da culpa, quando o agente, soldado da Guarda Nacional Republicana: a) Chamado a intervir por outrem, por haver suspeita de assalto a uma mina, avista dois vultos na escuridão, que caminham na sua direcção; b) Sabe, por informações dos seus colegas e do encarregado da mina, que os ladrões de minerio eram pessoas determinadas, perigosas e geralmente armadas; c) Encontrando-se os vultos a cerca de quinze metros, lhes diz, em voz alta, para pararem e cita o nome da corporação a que pertence; d) ouve, a seguir, um ruido que lhe parece produzido pelo engatilhar de...
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