Acórdão nº 042313 de Supremo Tribunal Administrativo (Portugal), 04 de Dezembro de 1991 (caso None)
Magistrado Responsável | MANSO PRETO |
Data da Resolução | 04 de Dezembro de 1991 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: PROVIDO.
Área Temática: DIR PROC PENAL. DIR CIV - DIR RESP CIV.
Legislação Nacional: CPP29 ART32 ART647 ART655 N4 N5. DL 35007 DE 1945/10/13 ART4 N3 PAR2. CPC67 ART680 N1 ART762 N2. CONST89 ART20. CE54 ART67. CPP87 ART401 C.
Sumário : I - A acção civil conexa com a acção penal, a que aludem os artigos 32 do Código de Processo Penal de 1929 e 67 do Código da Estrada, tem autonomia, regendo-se pelas regras próprias do processo civil em tudo o que não seja incompatível com a índole do processo penal, entre as quais estão as que disciplinam os recursos. II - Por conseguinte, a legitimidade para recorrer por parte do lesado que formulou pedido de indemnização na acção cível cumulada, sem se ter constituido previamente assistente na acção penal, afere-se, não à luz das regras do processo penal, maxime, artigo 647 do respectivo Código, mas das do processo civil, podendo recorrer da decisão parcialmente desfavorável (n. 1 do artigo 680 do Código de Processo Civil). III - Aliás, seria de todo incongruente que a lei, facultando expressamente ao lesado o direito de demandar em acção civil conexa com a acção penal (citados artigos...
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