Acórdão nº 9230068 de Court of Appeal of Porto (Portugal), 08 de Abril de 1992
Magistrado Responsável | FONSECA GUIMARÃES |
Data da Resolução | 08 de Abril de 1992 |
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. DIR PROC PENAL.
Legislação Nacional: CPP87 ART410. CP82 ART46 N1 ART136. CE54 ART59 B. DL 522/85 DE 1985/12/31 ART20 ART21 N2 A B. DL 122-A/86 DE 1986/05/30. DL 400/82 DE 1982/09/23 ART3 N2. CCIV66 ART376.
Jurisprudência Nacional: RLJ ANO101 PAG269. BMJ N335 PAG348. BMJ N267 PAG125. BMJ N255 PAG111. BMJ N313 PAG338. AC STJ DE 1985/05/28 IN BMJ N347 PAG214. AC STJ DE 1987/06/12 IN BMJ N368 PAG322. AC RP DE 1986/06/04 IN BMJ N358 PAG614. AC RP DE 1986/10/29 IN BMJ N360 PAG658. AC RP DE 1990/04/17 IN CJ ANOXV T2 PAG231.
Sumário: I - Sendo as contradições da matéria de facto apenas aparentes ou irrelevantes e desfeitas pelos demais elementos que constam da própria decisão recorrida, conjugados com as regras da experiência comum, e da própria contestação de quem a arguiu, deverá considerar-se que não se verificam os vícios a que se reporta o artigo 410, do Código de Processo Penal. II - A validade do certificado internacional de seguro ( carta verde ) a que se reporta o artigo 20, do Decreto-Lei nº 522/85, de 31/12, na redacção introduzida pelo Decreto-Lei nº 122-A/86, de 30/05, pode ser posta em crise perante a factualidade provada em processo comum com pedido de indemnização civil, já que a apólice, como documento particular, apenas prova a materialidade das declarações dela constantes mas não na sua veracidade. III - A culpa grave, decorrente do excesso de velocidade ou de manobras perigosas, integra o crime do artigo 59, do Código da Estrada, que se mantém em vigor e com autonomia relativamente ao artigo 136, do Código Penal. IV - A " multa correspondente " a que se refere o artigo 59, alínea b), parte final, do Código da Estrada, não pode...
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