Acórdão nº 071972 de Supremo Tribunal Administrativo (Portugal), 05 de Março de 1985 (caso None)
Magistrado Responsável | ALVES CORTES |
Data da Resolução | 05 de Março de 1985 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decis„o: NEGADA A REVISTA.
¡rea Tem·tica: DIR CIV - DIR RESP CIV.
LegislaÁ„o Nacional: CCIV66 ART279 C ART296 ART306 N1 ART323 N1 N2 N4 ART498 N1 N3. CP886 ART125 PAR2 PAR3 PAR4 ART482 PAR1. CE54 ART58 N4 N8 ART67 N2. CPP29 ART30 PAR1.
Sum·rio : I - Constituindo o facto - acidente de viaÁ„o - crime para o qual a lei estabeleÁa prazo mais longo do que os tres anos fixados no n. 1 do artigo 498 do Codigo Civil, e aquele prazo o aplicavel, o que se verifica no caso dos autos, pois o Autor participou criminalmente contra o condutor do veiculo pelo crime do artigo 482 do Codigo Penal de 1886 e artigo 58, n. 4 do Codigo da Estrada. II - Assim, nos termos do artigo 125, paragrafo 2 do Codigo Penal citado, o procedimento criminal prescreve no prazo de cinco anos, e tendo o acidente ocorrido em 26 de Abril de 1977, o direito a indemnizaÁ„o prescrevia em 26 de Abril de 1982 - artigos 279, alinea c) e 296 do Codigo Civil. III - O prazo prescricional n„o se interrompeu com a queixa crime, correndo novo prazo do transito em julgado da decis„o que mandou arquivar o processo crime, pois o Autor n„o notificou ou usou de qualquer outro meio judicial da intenÁ„o de exercer o seu direito a indemnizaÁ„o em relaÁ„o ao Reu, como se exige no artigo 323, ns. 1 e 4 do Codigo Civil, n„o bastando a simples participaÁ„o para instauraÁ„o do procedimento penal. IV - Quanto as Res Ana Rosa e Seguradora, menos responsaveis civeis, a pendencia do processo crime n„o obrigava a deduÁ„o nesse processo do pedido de indemnizaÁ„o, constituindo uma simples faculdade - artigo 67, n. 2 do Codigo da Estrada e em relaÁ„o ao Reu...
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