Acórdão nº 9110078 de Court of Appeal of Porto (Portugal), 15 de Maio de 1991
| Data | 15 Maio 1991 |
| Órgão | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR CRIM - CRIM C/PESSOAS. DIR PROC PENAL.
Legislação Nacional: CPP29 ART665. CPC67 ART712 N2. CE54 ART40 N4.
Jurisprudência Nacional: ASS STJ DE 1934/06/26.
Sumário: I - A Relação sº pode alterar a materia de facto fixada pelo tribunal colectivo em face de elementos do processo que não possam ser contrariados pela prova produzida em julgamento, que determinou as respostas aos quesitos. II - Sendo um acidente de viação um fenomeno dinamico, em que e praticamente impossivel reproduzir com rigor as circunstancias em que teve lugar, e tendo em conta que as distancias de paragem relacionadas com a velocidade praticada dependem de pressupostos e factores que nem sempre se verificam, não podem tais distancias, so por si, revelar contradição nas respostas...
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