Acórdão nº 077280 de Supremo Tribunal Administrativo (Portugal), 19 de Setembro de 1989 (caso None)
Magistrado Responsável | GAMA PRAZERES |
Data da Resolução | 19 de Setembro de 1989 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: PROVIDO PARCIAL.
Indicações Eventuais: RLJ ANO66 PAG156. GOMES SILVA O DEVER DE PRESTAR E O DEVER DE INDEMNIZAR PAG112/113. A VARELA DAS OBG EM GERAL VOLI 2ED PAG587.
Área Temática: DIR PROC PENAL. DIR PROC CIV. DIR CIV - DIR OBG.
Legislação Nacional: CPP87 ART2 ART29 ART30 ART33. CPC67 ART497 ART498. CCIV66 ART500 N2 ART503 N1 N3.
Jurisprudência Nacional: AC STJ DE 1979/11/16 IN BMJ N204 PAG175 E RT ANO89 PAG270. ASS STJ DE 1976/01/28 IN BMJ N253 PAG109. ASS STJ DE 1980/07/08 IN RLJ ANO114 IN BMJ N299 PAG111.
Sumário : I - O tribunal cível é incompetente em razão da matéria para a acção de indemnização proposta contra um condutor, simultaneamente proprietário do veículo, por danos resultantes do acidente de viação se na acção penal contra ele movida foi proferida condenação a indemnizar. II - A condenação e decisão penal constituem caso julgado quanto à indemnização arbitrada entre o condutor, ainda que simultaneamente proprietário do veículo, e o lesado. III - No artigo 29 do Código de Processo Penal consagra-se o princípio da dependência ou adesão das acções penal e cível, mas com vincada dependência da acção cível à penal...
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