Acórdão nº 077212 de Supremo Tribunal de Justiça (Portugal), 02 de Novembro de 1989
Magistrado Responsável | FERREIRA DA SILVA |
Data da Resolução | 02 de Novembro de 1989 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR CIV - DIR RESP CIV / DIR FAM.
Legislação Nacional: CCIV66 ART493 N2 ART1691 N1 C ART1692 B.
Jurisprudência Nacional: ASS STJ DE 1963/02/01 IN BMJ N124 PAG414.
Sumário : I - Não pode deixar de considerar-se como actividade perigosa para efeitos do disposto no artigo 493 n. 2 do Código Civil o exercício de industria que produz detritos provenientes do fabrico dos seus produtos com as características de inflamáveis e explosivos. II - Uma visão correcta das coisas em domínio tão sensível como o do exercício de actividades potencialmente geradoras de risco, leva facilmente a compreender que a perigosidade pode resultar também de qualquer actividade complementar da principal, desde que indispensável e inerente a esta como foi o caso da libertação de detritos numa pedreira, que explodiram e incendiaram, onde brincavam crianças, tendo duas delas ficado com queimaduras de 1., 2. e 3. graus que foram a causa da morte de uma criança e deixaram a outra bastante desfigurada. III - Como o preceito traduz uma situação de presunção legal de culpa, cabia ao Réu, responsável pela fábrica de onde provinham os detritos e que procedera ao descarregamento na pedreira, mostrar que empregara todas as providências exigidas pelas circunstâncias com o fim de prevenir os danos causados, o que não fez, já que vem provado que os menores sinistrados bricavam no local quando se procedeu ao descarregamento dos...
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