Acórdão nº 076552 de Supremo Tribunal de Justiça (Portugal), 13 de Janeiro de 1989 (caso NULL)
Data | 13 Janeiro 1989 |
Órgão | http://vlex.com/desc1/1997_01,Supreme Court of Justice (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Indicações Eventuais: CIT P LIMA A VARELA COD CIV ANOT VI 4ED PAG292 E PAG306. A REIS COD ANOT VIII PAG278. A VARELA MANUAL PROC CIV PAG442.
Área Temática: DIR CIV - DIR RESP CIV.
Legislação Nacional: CCIV66 ART298 N1 N2 ART303 ART323 N2 ART325 N1 ART326 N1 ART343 N2 ART498 N1 N3. CP886 ART125 PAR2 PAR3 ART369 ART482 PAR1. CE54 ART58 N8. CPC67 ART493 N3 ART496 B ART516 ART660 N2 ART713 N2 ART726.
Jurisprudência Nacional: ASS STJ DE 1961/05/17 IN BMJ N107 PAG345. AC STJ DE 1983/11/03 IN BMJ N331 PAG504.
Sumário : I - A sujeição ao prazo de prescrição da lei penal so e de observar se fixar um prazo mais longo ao referido no artigo 498, n. 1 do Codigo Civil. II - Tendo o reu condutor cometido um crime de dano involuntario, previsto no Codigo Penal de 1886, artigo 482, punido com pena correccional, o prazo da prescrição a lei penal seria de 5 anos, mas so aplicavel, se tiver sido exercido o direito de queixa ou participação, o qual prescreve no prazo de um ano. III - Não tendo o Autor provado que tivesse exercido esse direito de queixa ou participação, o prazo prescricional aplicavel, no caso do autor, e o do n. 1 do artigo 498, do Codigo Civil - 3 anos - ja decorridos aquando da citação dos Reus para esta acção. IV - O prazo da prescrição...
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