Acórdão nº 077212 de Supremo Tribunal Administrativo (Portugal), 02 de Novembro de 1989 (caso None)
Magistrado Responsável | FERREIRA DA SILVA |
Data da Resolução | 02 de Novembro de 1989 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decis„o: NEGADA A REVISTA.
¡rea Tem·tica: DIR CIV - DIR RESP CIV / DIR FAM.
LegislaÁ„o Nacional: CCIV66 ART493 N2 ART1691 N1 C ART1692 B.
JurisprudÍncia Nacional: ASS STJ DE 1963/02/01 IN BMJ N124 PAG414.
Sum·rio : I - N„o pode deixar de considerar-se como actividade perigosa para efeitos do disposto no artigo 493 n. 2 do CÛdigo Civil o exercÌcio de industria que produz detritos provenientes do fabrico dos seus produtos com as caracterÌsticas de inflam·veis e explosivos. II - Uma vis„o correcta das coisas em domÌnio t„o sensÌvel como o do exercÌcio de actividades potencialmente geradoras de risco, leva facilmente a compreender que a perigosidade pode resultar tambÈm de qualquer actividade complementar da principal, desde que indispens·vel e inerente a esta como foi o caso da libertaÁ„o de detritos numa pedreira, que explodiram e incendiaram, onde brincavam crianÁas, tendo duas delas ficado com queimaduras de 1., 2. e 3. graus que foram a causa da morte de uma crianÁa e deixaram a outra bastante desfigurada. III - Como o preceito traduz uma situaÁ„o de presunÁ„o legal de culpa, cabia ao RÈu, respons·vel pela f·brica de onde provinham os detritos e que procedera ao descarregamento na pedreira, mostrar que empregara todas as providÍncias exigidas pelas circunst‚ncias com o fim de prevenir os...
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