Acórdão nº 076058 de Supremo Tribunal de Justiça (Portugal), 19 de Abril de 1988 (caso NULL)
| Magistrado Responsável | CURA MARIANO |
| Data da Resolução | 19 de Abril de 1988 |
| Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR CIV - DIR OBG.
Legislação Nacional: CCIV66 ART339. CE54 ART5 N5.
Sumário : I - A figura "manobra de salvamento" insere-se no mecanismo do estado de necessidade, como causa de justificação do facto. II - Ha que considerar a necessidade de remover um perigo actual de dano cuja origem e indiferente, perigo que possa sacrificar um bem pessoal ou patrimonial do agente ou de terceiro cujo valor seja muito superior ao dos bens sacrificados e que estes sejam apenas bens patrimoniais - artigo 339 do Codigo Civil. III - Para a verificação daquele perigo actual não deve contribuir a conduta do agente; a ilicitude desta resulta da existencia daquele perigo e corresponde a uma opção de perante ela o agente preferir entrar em transgressão as regras de transito ou causar um dano a outrem. Se...
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