Acórdão nº 9320461 de Court of Appeal of Porto (Portugal), 01 de Fevereiro de 1994
| Magistrado Responsável | METELLO DE NAPOLES |
| Data da Resolução | 01 de Fevereiro de 1994 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: REVOGADA PARCIALMENTE.
Indicações Eventuais: O PROCESSO RECORRIDO É DA TERCEIRA SECÇÃO.
Área Temática: DIR ECON - DIR RODOV. DIR CIV - DIR RESP CIV.
Legislação Nacional: CE54 ART5 N3 ART7 N3. L 28/84 DE 1984/08/14 ART16.
Sumário: I - A existência de várias casas de habitação é bastante para caracterizar um aglomerado populacional, ainda que porventura de pequena dimensão, o que não pode deixar de ser tomado com o sentido de localidade. II - A norma do n. 3 do artigo 5 do Código da Estrada, ao exigir que se transite o mais próximo possível das bermas ou passeios, destina-se a facilitar a circulação dos outros veículos, e designadamente as ultrapassagens, e não a evitar o atropelamento dos que atravessam as vias ( tal perigo tanto ocorre junto ao eixo das estradas como a curta distância das bermas e passeios, como é bem sabido )...
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