Acórdão nº 079517 de Supremo Tribunal de Justiça (Portugal), 24 de Janeiro de 1991 (caso NULL)
Magistrado Responsável | SIMÕES VENTURA |
Data da Resolução | 24 de Janeiro de 1991 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decis„o: NEGADA A REVISTA.
¡rea Tem·tica: DIR CIV - DIR RESP CIV. DIR PROC CIV.
LegislaÁ„o Nacional: CPC67 ART510 N3 ART680 N1. CCIV66 ART12 ART323 N1 ART498 N1. CE54 ART58 N4 ART68. CP886 ART125 PAR3 ART482. CP82 ART1 N1 ART2 N2.
Sum·rio : I - So pode recorrer quem e afectado ou prejudicado pela decis„o, ou seja, por quem e parte vencida (artigo 680 n. 1 do Codigo de Processo Civil). II - Tendo a recorrente e a recorrida sido julgadas partes legitimas no despacho saneador e n„o tendo sido interposto nesta parte o competente recurso, n„o se pode considerar agora a recorrente afectada por tal decis„o. III - Para o procedimento judicial do crime de dano culposo, previsto e punivel pelo artigo 482 do Codigo Penal de 1886, era necessaria a participaÁ„o do ofendido segundo o disposto no paragrafo 1 do mesmo artigo. IV - Deste modo, o procedimento criminal pelo dano culposo prescreve passados que sejam dois anos sobre a pratica do crime (paragrafo 3 do artigo 125 do citado Codigo Penal): V - Numa acÁ„o de responsabilidade civil emergente de acidente de viaÁ„o, deduzida ao abrigo do artigo 68 do Codigo da Estrada, como e o caso, o direito de indemnizaÁ„o prescreve no prazo de tres anos a...
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