Acórdão nº 070921 de Supremo Tribunal de Justiça (Portugal), 26 de Abril de 1984
Magistrado Responsável | LICURGO DOS SANTOS |
Data da Resolução | 26 de Abril de 1984 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA. DESERÇÃO.
Área Temática: DIR PROC CIV - RECURSOS. DIR CIV - DIR OBG.
Legislação Nacional: DL 45299 DE 1963/10/09 ART4. CE54 ART7 ART14 ART27 N5. CPC67 ART292 ART663 N1 ART722 N2. CCIV66 ART566 N2.
Sumário : I - O Supremo tribunal de Justiça por ser um tribunal de revista e só conhecer de matéria de direito, só apreciará a culpa que resulta da infracção de normas legais e também a sua graduação e a fixação do "quantum" indemnizatório por constituirem, como é jurisprudência assente, questões de direito. II - Dispondo o n. 2 do artigo 722 do Código de Processo Civil que o erro na apreciação das provas e na fixação dos factos materiais da causa não pode ser objecto de recurso de revista, tem o Supremo Tribunal de Justiça de acatar esses factos que a Relação deu como provados. III - Os factos que a Relação deu como provados integrando a culpa dos condutores são únicamente os por ela indicados, pelo que, o Supremo Tribunal de Justiça não pode censurar por não ter decidido que o réu havia infringido também determinado preceito do Código da Estrada, se não deu como provados os factos que o tipicizaram. IV - O que conta para efeito de obrigação de indemnizar, não é a propriedade ou posse dos veículos por si mesmos, mas o risco resultante da sua utilização como instrumentos perigosos. V - O n. 5 do artigo 27 do Código da Estrada só...
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