Acórdão nº 084376 de Supremo Tribunal de Justiça (Portugal), 26 de Abril de 1994 (caso NULL)
Magistrado Responsável | RAMIRO VIDIGAL |
Data da Resolução | 26 de Abril de 1994 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: CONCEDIDA PARCIALMENTE A REVISTA.
Indicações Eventuais: P MOUNIER TRAITÉ THORIQUE RESP 2ED 1960 PAG165. S PLUMELLE INFRACODE 7ED 1983 PAG315.
Área Temática: DIR CIV - DIR RESP CIV. DIR PROC CIV.
Legislação Nacional: CE54 ART7 N1 N2 N3 ART8 N1 N4 N5 ART61 N1. RCE54 ART4 N2 A ART25. D 28/85 DE 1985/01/27. PORT 14/91 DE 1991/01/27. CPC67 ART722 N2 ART729.
Sumário : I - A culpa constitui matéria de direito, quando resulta da violação de normas jurídicas, pois se traduz numa valoração dos factos apurados, de que depende a interpretação e aplicação que é necessário fazer daquelas normas para a sua adequação a esses factos. II - Não tendo o condutor do veículo SR-33-90 respeitado o sinal "stop" entrando no cruzamento da estrada nacional n. 13, parando ao meio da estrada, ocupando metade da faixa, tendo avançado quando o veículo GQ-45-11 se aproximava nessa faixa, encontrando-se a cerca de 200 metros quando aquele entrou no cruzamento, violou o disposto no artigo 8, n. 1, 4 e 5 do Código da Estrada, agindo culposamente, sendo a...
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