Acórdão nº 072924 de Supremo Tribunal de Justiça (Portugal), 25 de Fevereiro de 1986
Magistrado Responsável | AURELIO FERNANDES |
Data da Resolução | 25 de Fevereiro de 1986 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: CONCEDIDA PARCIALMENTE A REVISTA.
Indicações Eventuais: E CORREIA DIR CRIM V2 PAG425. VARELA RLJ ANO101 PAG93.
Área Temática: DIR CIV - DIR RESP CIV.
Legislação Nacional: CE54 ART5 N3 ART6 N2 ART7 N1 ART40 N3. CCIV66 ART570.
Jurisprudência Nacional: AC STJ DE 1974/06/04 IN BMJ N238 PAG211. AC RE DE 1981/09/11 IN BMJ N314 PAG382.
Sumário : I - A lei - artigo 5, n. 3, do Codigo da Estrada -, ao impor a circulação dos veiculos a uma distancia das bermas ou passeios que permitam evitar qualquer acidente, visa a segurança dos peões que por ai transitam e não dos que tentam atravessar a faixa de rodagem sem se assegurarem de que o podem fazer sem perigo de acidente. II - Ha sempre que atender as finalidades preventivas especificamente visadas pela norma, so podendo imputar-se o evento a sua infracção, em termos de causalidade adequada, quando puder concluir-se que o dever infringido visava obstar a sua produção. III - Mesmo que o condutor, num aglomerado populacional, circulasse a velocidade inferior a que legalmente lhe era imposta, não lhe era possivel evitar o acidente se o menor, a diminuta distancia, subita e inesperadamente lhe surge a atravessar a faixa de rodagem. IV - Tambem não se pode...
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