Acórdão nº 074431 de Supremo Tribunal de Justiça (Portugal), 12 de Maio de 1987
Magistrado Responsável | MAGALHÃES BAIÃO |
Data da Resolução | 12 de Maio de 1987 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: CONCEDIDA PARCIALMENTE A REVISTA.
Área Temática: DIR CIV - TEORIA GERAL / DIR RESP CIV. DIR PROC CIV.
Legislação Nacional: CCIV66 ART390 ART483 ART493 N2 ART503 - ART508. CE54 ART1 N1.
Jurisprudência Nacional: ASS STJ DE 1979/11/21 IN BMJ N291 PAG285.
Sumário : I - A culpa constitui uma conclusão de facto, da exclusiva competencia das instancias. II - A especifica actividade perigosa duma prova desportiva, em recinto fechado, so para concorrentes, em autodromo, foge as regras do corrente comportamento e regulamento que o Codigo da Estrada generaliza para a comum condução viaria de transito nas estradas, ruas e caminhos do dominio publico do Estado ou das Autarquias locais ou vias do dominio privado normalmente abertas ao transito publico. III - Assim, essas provas desportivas constituem uma actividade especifica que nada tem a ver com as comuns regras viarias, nomeadamente quanto a limites de velocidade, ultrapassagens, geral prudencia de condução e pericia comum. IV - A corrida de automoveis tipiciza o exercicio de uma actividade perigosa e o meio utilizado - automoveis lançados a alta velocidade - reveste-se de generica natureza perigosa, subsumivel ao disposto no artigo 493, n. 2, do Codigo Civil. V - Nesse caso, não e aplicavel o Assento do Supremo...
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