Acórdão nº 004404 de Supremo Tribunal de Justiça (Portugal), 03 de Julho de 1996
Magistrado Responsável | CARVALHO PINHEIRO |
Data da Resolução | 03 de Julho de 1996 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Indicações Eventuais: CRUZ DE CARVALHO IN ACID DE TRAB E DOENÇAS PROFISSIONAIS 1983 PÁG209.
Área Temática: DIR TRAB - ACID TRAB. DIR PROC TRAB. DIR PROC CIV - RECURSOS.
Legislação Nacional: L 2127 DE 1965/08/03 BV N2 B BVI N1 B. CPT81 ART66 N1. CPC67 ART729 ART730. D 360/71 1971/08/21 ART13.
Jurisprudência Nacional: AC STJ DE 1989/05/12 IN BMJ N387 PAG400. AC STJ DE 1991/10/08 IN BMJ N410 PAG565.
Sumário : I - A alínea b) do n. 1 da Base VI da Lei 2127, de 3 de Agosto de 1965, dispõe não dar direito a reparação o acidente que provier exclusivamente de falta grave e indesculpável da vítima. II - Se a mais elementar prudência aconselhava a abstenção ou a desistência, a tempo, da manobra de ultrapassagem que o autor intentou, ele violou grosseiramente o disposto no artigo 10, n. 2 do Código da Estrada então vigente. III - Sem dúvida que o Autor, ao proceder como procedeu, assumiu um comportamento temerário e injustificável, recaindo exclusivamente sobre ele toda a culpa na produção do sinistro. IV - E o...
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