Acórdão nº 0410002 de Court of Appeal of Porto (Portugal), 06 de Março de 1991
Magistrado Responsável | RAMIRO CORREIA |
Data da Resolução | 06 de Março de 1991 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: PROVIDO PARCIALMENTE.
Área Temática: DIR CRIM - CRIM C/PESSOAS. DIR CIV - DIR RESP CIV.
Legislação Nacional: CP82 ART46. CPP87 ART374 N2. CE54 ART5 N3 ART40 N3 ART59 B PARTE FINAL.
Jurisprudência Nacional: AC STJ DE 1980/03/06 IN BMJ N295 PAG384. AC STJ DE 1985/05/28 IN BMJ N374 PAG214. AC STJ DE 1986/07/09 IN BMJ N359 PAG368. AC RP DE 1986/03/18 IN CJ T2 ANOXI PAG207. AC RP DE 1986/05/14 IN BMJ N357 PAG410. AC RP DE 1989/05/12 PROC0106461. AC RP PROC0310516. AC RL DE 1990/02/20 IN CJ T1 ANOXV PAG188.
Sumário: I - A sentença apenas tera que enumerar os factos dados como não provados quando tenham sido alegados factos com interesse para a decisão que, realmente, se não tenham provado. II - A nulidade resultante da falta de fundamentação da decisão - n. 2 do artigo 374, do Codigo de Processo Penal - so opera se de todo em todo faltar essa fundamentação e não quando apenas se mostra insuficiente. III - O facto de a vitima caminhar pela berma do lado direito, em contravenção ao disposto no artigo 40, n. 3, do Codigo da Estrada, onde foi mortalmente atropelada por um veiculo que seguia no mesmo sentido, não a constitui, so por si, em responsabilidade pelo acidente, designadamente se não se apurou qualquer gesto ou atitude dela que possa ter estorvado ou embaraçado a circulação do atropelante. IV - Prementes necessidades de reprovação e de prevenção impõem que, no caso de homicidio involuntario, cometido no exercicio da condução automovel, com culpa grave e exclusiva, se aplique pena efectiva de prisão, como tem sido "jurisprudencia...
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