Acórdão nº 9140884 de Court of Appeal of Porto (Portugal), 18 de Março de 1992
Magistrado Responsável | EMIDIO TEIXEIRA |
Data da Resolução | 18 de Março de 1992 |
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 / TEORIA GERAL. DIR CIV - DIR OBG / DIR RESP CIV.
Legislação Nacional: CE54 ART59 B PARTE FINAL. CP82 ART72. CCIV66 ART496 N1. DL 522/85 DE 1985/12/31 ART16 N1.
Jurisprudência Nacional: AC STJ DE 1985/01/16 IN BMJ N343 PAG184. AC STJ DE 1986/06/26 IN BMJ N358 PAG283. AC STJ DE 1971/05/07 IN BMJ N207 PAG149. AC STJ DE 1976/02/03 IN BMJ N254 PAG143. AC RL DE 1979/11/27 IN CJ T5 ANOIV PAG1615. AC RP DE 1990/10/17 PROC0310578.
Sumário: I - Em conformidade com a jurisprudência uniforme, o condutor que, em consequência do acidente, provoca a morte de duas pessoas comete um e não dois crimes de homicídio involuntário, sendo de ter em atenção na fixação da pena, o grau de ilicitude e a gravidade das consequências, a intensidade da negligência e as condições pessoais, situação económica e conduta anterior e posterior do agente. II - Não sendo a satisfação ou compensação dos danos morais uma verdadeira indemnização, no sentido dum equivalente do dano...
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