Acórdão nº 0225305 de Court of Appeal of Porto (Portugal), 12 de Dezembro de 1990
Data | 12 Dezembro 1990 |
Órgão | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO. PROVIDO PARCIALMENTE.
Área Temática: DIR CRIM - CRIM C/PESSOAS.
Legislação Nacional: CE54 ART8 N3 ART59.
Jurisprudência Nacional: AC STJ DE 1985/01/16 IN BMJ N343 PAG184. AC STJ DE 1985/05/28 IN BMJ N347 PAG214. AC STJ DE 1990/03/14 IN CJ T2 ANOXV PAG11.
Sumário: I - É indiscutível que o arguido que, saindo de um prédio particular para a estrada, conduzindo um veículo automóvel, de marcha atrás, está obrigado a ceder a passagem a quem transita por aquela, cometendo a transgressão prevista no artigo 8, n. 3 do Código da Estrada, se assim não procede e praticando uma manobra que é considerada perigosa pelo n. 1 do artigo 61 do mesmo Código; II - Se um arguido, procedendo como se descreveu na conclusão I., embate noutro que seguia na estrada, apenas aquele e não este, é único responsável pelo acidente, já que, segundo o princípio da confiança, ao segundo não é exigível que esteja a contar com a possibilidade de outrem ofender o seu direito de...
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