Acórdão nº 9250828 de Court of Appeal of Porto (Portugal), 25 de Novembro de 1992
Magistrado Responsável | CASTRO RIBEIRO |
Data da Resolução | 25 de Novembro de 1992 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: PROVIDO.
Área Temática: DIR CRIM - CRIM C/PESSOAS. DIR CIV - DIR OBG / DIR RESP CIV. DIR PROC CIV.
Legislação Nacional: CCIV66 ART483 ART497 ART503 ART505 ART507 ART562. CPP29 ART649 ART665. CPC67 ART668 N1 D ART668 N3 ART753 N1. CE54 ART5 N2. DL 522/85 DE 1985/12/31 ART1 N1 ART2 N2 ART21 ART29 N6 N11. DL 147/83 DE 1983/04/05 ART6 N2.
Sumário: I - Se num pedido cível, deduzido em processo correccional entretanto arquivado por amnistia, são demandados o Réu-condutor, o Fundo de Garantia Automóvel e, como interveniente principal, o proprietário do veículo, e o tribunal condena em indemnização, solidariamente, os dois primeiros, nada dizendo quanto ao terceiro, comete omissão de pronúncia, o que integra a nulidade prevista no artigo 668, nº 1, alínea d), do Código de Processo Civil; II - Tal omissão pode ser arguida em recurso, como fundamento deste - artigo 668, nº 3, do Código de Processo Civil e a Relação pode conhecer do mérito da atinente questão se nenhum motivo a isso obstar - artigo 753, nº 1, do Código de Processo Penal; III - Estando provado que o acidente se verificou por culpa exclusiva do condutor e que o interveniente principal era o proprietário do veículo não pelo seguro obrigatório - artigos 1, nºs. 1 e 2, nº 1 do Decreto-Lei 522/85, de 31 de Dezembro - é forçoso concluir...
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