Acórdão nº 073047 de Supremo Tribunal de Justiça (Portugal), 03 de Dezembro de 1985
| Magistrado Responsável | JOAQUIM FIGUEIREDO |
| Data da Resolução | 03 de Dezembro 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.
Legislação Nacional: CE54 ART5 N3 ART7 N1 N2 E F. CCIV66 ART563.
Jurisprudência Nacional: AC STJ DE 1970/04/15 IN BMJ N196 PAG223. AC STJ DE 1974/06/04 IN BMJ N238 PAG211.
Sumário : I - Transitar um veiculo a menos de 40 centimetros da berma da estrada logo apos ter-se cruzado com outro, não e, ou pode não ser necessariamente, transgredir o preceito do artigo 5, n. 3 do Codigo da Estrada. O objectivo da norma não e evitar embates de veiculos em transito com os que se encontrem estacionados de modo a ocuparem a faixa de rodagem, ou parte dela. II - Segundo a teoria da causalidade adequada, consagrada na nossa lei (ver artigo 563 do Codigo Civil), um evento so e de imputar a certa infracção quando possa concluir-se que o dever transgredido visa obstar a produção de eventos da natureza daquele. Ha...
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