Acórdão nº 9240541 de Court of Appeal of Porto (Portugal), 19 de Novembro de 1992
Magistrado Responsável | OLIVEIRA BARROS |
Data da Resolução | 19 de Novembro de 1992 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: REVOGADA A DECISÃO.
Área Temática: DIR CIV - DIR RESP CIV. DIR PROC CIV.
Legislação Nacional: CCIV66 ART483 N1 ART487 N1 N2 ART504 N2. CE54 ART7 N1 N2 N3.
Jurisprudência Nacional: AC RC DE 1991/11/19 IN CJ ANOXVI T5 PAG66. AC RC DE 1985/05/21 IN CJ ANOX T3 PAG81. AC RC DE 1983/03/15 IN CJ ANOVIII T2 PAG16. AC RC DE 1977/11/16 IN CJ ANOII PAG1124.
Sumário: I - Ressalvada a verificação de condições anormais ou factos imprevisíveis, decorre do artigo 7 do Código da Estrada a regra ou princípio de que, a fim de evitar acidentes, o condutor de qualquer veículo deve proceder por forma a conservar em todas as circunstâncias o domínio do veículo. II - Se o Réu circular a uma velocidade superior a 80 quilómetros/hora, num máximo legal possível de 90 quilómetros/hora, e ao descrever uma curva pouco pronunciada para a sua direita perdeu o domínio da marcha do veículo e, descontrolado, saíu da faixa de rodagem, tanto basta para concluir, com base nestes dados, ser excessiva a velocidade. III - A negligência presume-se sempre que ocorra violação de preceitos destinados a proteger interesses alheios, "maxime" as normas do direito estradal; violação da qual decorre uma prova "prima facie" ou de primeira aparência de que resulta para o lesante o ónus da contraprova. IV - Deve atribuir-se a culpa na produção do acidente, cuja vítima era passageiro do automóvel, ao condutor do mesmo, que invadiu a berma, se se não provaram circunstâncias anormais que tal tenham determinado. V - É entendimento pacífico ser lícito ao Tribunal da Relação recorrer a presunção natural...
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