Acórdão nº 048085 de Supremo Tribunal de Justiça (Portugal), 09 de Novembro de 1995 (caso NULL)
Data | 09 Novembro 1995 |
Órgão | http://vlex.com/desc1/1997_01,Supreme Court of Justice (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: REVOGADA A DECISÃO. ORDENADA A BAIXA DO PROCESSO.
Indicações Eventuais: V SERRA IN RT ANO85 PAG305.
Área Temática: DIR PROC PENAL. DIR CRIM - TEORIA GERAL. DIR CIV - DIR RESP CIV.
Legislação Nacional: CCIV66 ART483 ART489 N1 N2. CPP87 ART82 N3. CP95 ART2.
Sumário : I - A inimputabilidade do arguido, apenas proclamada na decisão final, não conduz logo á imediata improcedência do pedido cível. O autor do dano, porque não imputável, não pode em princípio, responder por esse dano, mas pode acontecer que a equidade aconselhe apesar disso, uma indemnização. Ponto é que o facto, se fosse praticado por pessoa imputável, constituisse um facto ilícito que desse lugar à obrigação de reparar o dano - artigo 483 do C.CIV. II - Reunidos todos os pressupostos da responsabilidade civil - facto ilícito, o dano, as circunstâncias que tornariam o facto culposo se não fosse a...
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