Acórdão nº 9130428 de Court of Appeal of Porto (Portugal), 20 de Novembro de 1991
| Magistrado Responsável | HERMANI ESTEVES |
| Data da Resolução | 20 de Novembro de 1991 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: PROVIDO PARCIALMENTE. ALTERADA A DECISãO.
Área Temática: DIR CRIM - CRIM C/PESSOAS.
Legislação Nacional: CP886 ART39. CPP29 ART468 ART665. CE54 ART5 N2 ART7 N3 ART58 N9 ART59 A ART61 N2 D. CPC67 ART712. L 3/82 DE 1982/03/29 ART1. DL 124/90 DE 1990/04/14 ART2 ART4 N1 N2 A.
Jurisprudência Nacional: ASS STJ DE 1934/06/29. AC STJ DE 1990/03/14 IN CJ T2 ANOXV PAG11.
Sumário: 1 - A permissão de condutas potencialmente perigosas, como e o caso da condução automovel, pressupõe a adopção de cuidados adequados a evitar acidentes. Quando acatados tais cuidados o risco esbate-se; na sua omissão radica-se o fundamento principal da punição da negligencia consciente ou inconsciente. 2 - E jurisprudencia unanime dos nossos tribunais superiores que, nos casos de acidentes de viação provocados com culpa grave e exclusiva, não deve a pena de prisão ser substituida por multa nem suspensa na sua execução, atentas as...
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