Acórdão nº 96A012 de Supremo Tribunal Administrativo (Portugal), 18 de Junho de 1996 (caso None)
Magistrado Responsável | RAMIRO VIDIGAL |
Data da Resolução | 18 de Junho de 1996 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decis„o: MANDADA AMPLIAR A MAT…RIA DE FACTO.
¡rea Tem·tica: DIR CIV - DIR RESP CIV. DIR PROC CIV.
LegislaÁ„o Nacional: CPC67 ART712 ART729 N1 N3 ART730 N2 . CE54 ART5 N5. CCIV66 ART487 N1 ART500 N1 N2 N3 ART503 N1 N3 ART506 N1 N2 ART570 N2.
JurisprudÍncia Nacional: AC STJ DE 1984/11/08 IN BMJ N341 PAG388 IN RLJ ANO122 PAG213.
Sum·rio : I - A culpa traduz-se num juÌzo de censura ao agente por n„o ter adoptado um comportamento conforme a um dever e que podia e devia ter tido, de modo a evitar o acidente, quer porque n„o o previu (negligÍncia inconsciente) quer porque confiou em que ele se n„o verificaria (negligÍncia consciente). II - A culpa deve ser aferida pelos cuidados exigÌveis a um homem mÈdio - medianamente prudente, diligente e capaz - colocado na posiÁ„o do agente. III - A culpa pode resultar n„o sÛ da indevida violaÁ„o de uma norma estradal, como ainda de simples, mas censur·vel, falta de atenÁ„o, de prudÍncia e de cuidado. IV - A sinalizaÁ„o das paragens e a obrigatoriedade de o movimento de entrada e saÌda de passageiros se fazer nesses locais, cria fundadas expectativas nos demais condutores em circulaÁ„o, de que esses veÌculos de passageiros n„o estacionem, para aquele efeito, noutros locais ao acaso. V - Traduz incompreensÌvel...
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