Acórdão nº 066554 de Supremo Tribunal de Justiça (Portugal), 28 de Junho de 1977 (caso NULL)
Magistrado Responsável | ALVES PINTO |
Data da Resolução | 28 de Junho de 1977 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR CIV - DIR RESP CIV. DIR PROC CIV - RECURSOS.
Legislação Nacional: CE54 ART7 N2 B ART8 ART11. D 48746 DE 1968/12/05. RCE54 ART6 N2. CPC67 ART684 N4. CCIV66 ART497.
Sumário : I - Embora a regra geral da prioridade de passagem consignada no artigo 8 do Código da Estrada passasse, em razão da alteração introduzida pelo Decreto 48746, de 5 de Dezembro de 1968, a ser aplicação não só nos cruzamentos, mas também nos entroncamentos, independentemente de se mudar ou não de direcção, o certo é que a prioridade de passagem só é de exercer "uma vez tomadas as indispensáveis precauções", e uma das muitas aconselháveis é a imposta pelo artigo 11 do Código da Estrada. II - Daí que todos os condutores de veículos que exerçam o direito de prioridade passagem sem tomarem as devidas precauções, possam infringir além do artigo 8 do Código da Estrada os demais preceitos legais que contenham regras de prudência a observar obrigatoriamente. III - A linha contínua que divide a estrada longitudinalmente é um sinal de proibição, consoante o disposto no n. 2 do artigo 6 do Regulamento do Código da Estrada, visto não permitir aos condutores de veículos que circulem pela via em que esse sinal esteja marcado, não só ultrapassá-lo, como transitar sobre ele, ainda que para realização de qualquer manobra. IV - Viola o disposto no n. 2, alínea b) do artigo 7 do Código da Estrada, o condutor que, ao aproximar-se do entroncamento, não...
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