“Excessive self-defence is not self-defence”

SÉRVULO IN THE PRESS 25 Jun 2026 in Diário de Notícias

The ruling concerning the death of Odair Moniz concluded that the police officer acted in a situation of self-defence but found that there was excess, which led to his conviction.

In statements to Diário de Notícias, Teresa Serra, Of Counsel in the Criminal and Regulatory, and Litigation and Arbitration departments at SÉRVULO, emphasises that “self-defence, when applicable, renders the act lawful. The legal elements of the offence are met, but the act is lawful. Once there is excess, the act becomes unlawful and, therefore, self-defence no longer applies.”

Teresa Serra thus highlights the importance of distinguishing between the fulfilment of the requirements for self-defence and the assessment of any excess in its application, both of which are key to the legal classification of the facts.

Read the full article in Diário de Notícias.