Acórdão nº 071246 de Supremo Tribunal Administrativo (Portugal), 29 de Novembro de 1983 (caso None)
Magistrado Responsável | CORTE REAL |
Data da Resolução | 29 de Novembro de 1983 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR CIV - DIR RESP CIV.
Legislação Nacional: CCIV66 ART342 N1 ART483 N1 ART487 N1 N2. CE54 ART5 N2.
Sumário : I - O Réu condutor não só cometeu um facto ilícito - violação voluntária do artigo 5, n. 2 do Código da Estrada, mas também não adoptou o comportamento exigível para evitar a lesão que esse normativo pretende acautelar. II - Na verdade, invadiu e circulou na faixa esquerda da rua, no sentido da sua marcha, sabendo ou tendo obrigação de saber, como qualquer normal condutor, que daí poderia resultar, como resultou, a lesão de alguém, visto tal faixa estar reservada ao trânsito em sentido contrário, não tendo provado qualquer caso excepcional e justificado de assim proceder, não usando, por isso, da diligência que se lhe impunha. III - Assim, agiu ilícita e culposamente, em grau elevado. IV - É equilibrada a indemnização por danos morais de 150000 escudos, pois se trata de um menor que além das dores físicas por múltiplas...
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