Acórdão nº 9540443 de Court of Appeal of Porto (Portugal), 21 de Junho de 1995
| Magistrado Responsável | PEREIRA MADEIRA |
| Data da Resolução | 21 de Junho de 1995 |
| 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 ESTRADAL. DIR CIV - DIR RESP CIV.
Legislação Nacional: CCIV66 ART494 ART562 ART566 N2 ART805 N3.
Jurisprudência Nacional: AC STJ DE 1982/10/14 IN BMJ N320 PAG422. AC STJ DE 1993/12/16 IN CJSTJ T3 ANOI PAG182. AC RL DE 1994/12/15 IN CJ T5 ANOXIX PAG135. AC RL DE 1990/02/20 IN CJ T1 ANOXV PAG188.
Sumário: I - Se é certo que a imputação de uma contravenção não pode fazer-se independentemente de todo o juízo de censura e de culpa, deverá por outro lado aceitar-se, neste domínio, uma presunção de culpa ( negligência ), embora admitindo prova em contrário. II - Tendo resultado do acidente de viação, ocorrido por culpa exclusiva do condutor de veículo automóvel que embateu no velocípede com motor onde seguia a ofendida como passageira, lesões graves para esta que determinaram o seu internamento em...
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