Acórdão nº 9711190 de Court of Appeal of Porto (Portugal), 30 de Setembro de 1998 (caso NULL)
Magistrado Responsável | MARQUES PEREIRA |
Data da Resolução | 30 de Setembro de 1998 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: PROVIDO PARCIALMENTE. REVOGADA A DECISÃO.
Área Temática: DIR CIV - DIR RESP CIV.
Legislação Nacional: CCIV66 ART342 N1 ART344 N1 ART483 N1 N2 ART493 N2 ART563.
Jurisprudência Nacional: AC STJ DE 1994/07/07 IN CJSTJ T3 ANOII PAG47. AC STJ DE 1993/06/15 IN CJSTJ T2 ANOI PAG147. AC STJ DE 1996/06/05 IN CJSTJ T2 ANOIV PAG119. AC RC DE 1998/01/20 IN CJ T1 ANOXXIII PAG9.
Sumário: I - O lançamento de foguetes encontra-se regulado no artigo 38 do Regulamento Sobre o Fabrico, Armazenagem, Comércio e Emprego de Produtos Explosivos, aprovada pelo Decreto-Lei n.376/84, de 30 de Novembro, aí não se prevendo qualquer responsabilidade fundada no risco. II - O lançamento de foguetes é, pela sua própria natureza, uma actividade perigosa para efeitos de responsabilidade civil, presumindo-se a culpa do responsável ( artigo 493 n.2 do Código Civil ). III - As providências a adoptar por quem exerce actividades perigosas são as que foram ditadas por normas técnicas ou legislativas inerentes a essas actividades ou por regras da experiência comum. IV - Dando-se como provado que o lançamento de foguetes, apesar de na ocasião não haver vento, teve lugar, finda a missa, no adro da igreja, encontrando-se várias pessoas a assistir ao mesmo e vários carros estacionados no mesmo largo ( os foguetes a serem lançados foram dispostos a cerca de 12 centímetros do local do lançamento, cobertos por sacos de areia )...
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