Acórdão nº0000089-46.2000.8.17.0140 de 1ª Câmara Criminal, 04-10-2022
Data de Julgamento | 04 Outubro 2022 |
Assunto | Homicídio Qualificado |
Classe processual | Apelação Criminal |
Número do processo | 0000089-46.2000.8.17.0140 |
Órgão | 1ª Câmara Criminal |
Tipo de documento | Acórdão |
1ª CÂMARA CRIMINAL APELAÇÃO CRIMINAL Nº. 495278-3
JUÍZO DE
ORIGEM: 1ª VARA DA COMARCA DE ÁGUA PRETA/PE
APELANTE: MINISTÉRIO PÚBLICO DO ESTADO DE PERNAMBUCO APELADO: ROSINALDO CABRAL DE LIRA
RELATOR: DES. LEOPOLDO DE ARRUDA RAPOSO PROCURADOR DE JUSTIÇA: DR.
MÁRIO GERMANO PALHA RAMOS APELAÇÃO CRIMINAL.
HOMICÍDIO.
RECONHECIMENTO DE LEGÍTIMA DEFESA.
SENTENÇA ABSOLUTÓRIA.
APELAÇÃO INTERPOSTA COM FULCRO NO ART. 593, INCISO III, ALÍNEA D, DO CÓDIGO DE PROCESSO PENAL.
LEGÍTIMA DEFESA.
ART. 25 DO CÓDIGO PENAL.
INJUSTA AGRESSÃO.
REQUISITO IMPRESCINDÍVEL À CONFIGURAÇÃO DA EXCLUDENTE.
INOCORRÊNCIA.
DECISÃO DO CONSELHO DE SENTENÇA MANIFESTAMENTE CONTRÁRIA À PROVA DOS AUTOS.
SUJEIÇÃO A NOVO JULGAMENTO.
VIGÊNCIA DA REGRA PREVISTA NO ART. 593, § 3º, DO CÓDIGO DE PROCESSO PENAL.
PROVIMENTO DO RECURSO.
DECISÃO POR MAIORIA.
ACÓRDÃO Vistos, relatados e discutidos os presentes autos de nº. 495278-3, acordam os Desembargadores integrantes da Primeira Câmara Criminal do Tribunal de Justiça do Estado de Pernambuco, por maioria, em DAR PROVIMENTO ao apelo, conforme se depreende do relatório, dos votos, da ementa e das notas taquigráficas, que fazem parte integrante do julgado.
Recife, data da assinatura digital.
Des. Leopoldo de Arruda Raposo Relator (Assinado digitalmente.
Conferir autenticidade)
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