Acórdão nº 072445 de Supremo Tribunal de Justiça (Portugal), 09 de Maio de 1985
Magistrado Responsável | SOLANO VIANA |
Data da Resolução | 09 de Maio de 1985 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR CIV - DIR RESP CIV. DIR PROC CIV.
Legislação Nacional: CE54 ART8 N2 A N4. CPC67 ART523 ART650 F ART655 ART661 N1 N2 ART668 N1 D ART712 N1 B N2 ART722 N2 ART729 N2. RCE54 ART4 N2 A N25.
Sumário : I - A parte do despacho saneador que ordenou a restituição ao Autor dos quesitos para arbitramento, por tal meio de prova não ter sido requerido, não constitui caso julgado formal, quanto à junção, em audiência, de documentos particulares contendo parecer médico àcerca das lesões sofridas pelo Autor e admitida nos termos do artigo 523 do Código de Processo Civil. II - E não houve ofensa do princípio do contraditório, pois foram examinados pelo Réu que requereu prazo para tal e lhe foi concedido. III - O Supremo Tribunal de Justiça, como tribunal de revista, só conhece questões de direito, apenas podendo apreciar do uso feito pela Relação do artigo 712 n. 2 do Código de Processo Civil. IV - A regra da prioridade de passagem estabelecida no artigo 8 n. 2 do Código da Estrada só funciona quando não exista sinalização especial que defina outro modo de proceder, o que se verificava no caso dos autos, pois havia um sinal de "Stop" que o Réu não respeitou, sendo a causa única do acidente, infringindo, assim, o disposto no artigo...
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