Acórdão nº 085746 de Supremo Tribunal de Justiça (Portugal), 24 de Janeiro de 1995
| Magistrado Responsável | SANTOS MONTEIRO |
| Data da Resolução | 24 de Janeiro de 1995 |
| Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR CIV - DIR RESP CIV.
Legislação Nacional: CE54 ART5 N2 N3. CCIV66 ART487 N1 ART506 ART508.
Jurisprudência Nacional: ASS STJ DE 1979/11/12 IN BMJ N291 PÁG285.
Sumário : I - A regra de circulação rodoviária contida no n. 3 do artigo 5 do Código da Estrada não foi ditada para facilitar a circulação dos veículos que transitam em sentido oposto - regra esta inserta no n. 2 do mesmo artigo - mas sim com a finalidade de facilitar a ultrapassagem dos veículos que seguem atrás, sobretudo quando os veículos que vão à frente têm velocidades mais limitadas, como no caso de velocípedes, ciclomotores e camiões. II - Tendo ocorrido uma colisão frontal de veículos numa via com 6,5 metros de largura, a contravenção do disposto no n. 3 do artigo 5 do Código da Estrada não foi causal do da colisão, dentro da teoria da causalidade adequada, pois as contravenções causais são aquelas de que os crimes são efeito, as únicas que têm conexão com o crime, porque são as que...
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