Acórdão nº 0056711 de Court of Appeal of Lisbon (Portugal), 30 de Junho de 1992
Magistrado Responsável | MOURA CRUZ |
Data da Resolução | 30 de Junho de 1992 |
Emissor | Court of Appeal of Lisbon (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: PROVIDO PARCIAL.
Área Temática: DIR CIV - DIR RESP CIV. DIR PROC CIV.
Legislação Nacional: CPC67 ART201.
Jurisprudência Nacional: ASS STJ DE 1980/07/08 IN BMJ N299 PAG111.
Sumário: I - A declaração do ofendido (em julgamento) de "que pretende relegar para acção cível a fixação da indemnização" só pode entender-se, atentos os termos peremptórios do artigo 34 e parágrafo primeiro do Código de Processo Penal, com o sentido de ser deixada para a execução da sentença a liquidação daquela mesma indemnização, perante o Tribunal Cível e, portanto, mediante a acção cível. II - Assim determinando-se na sentença penal que a indemnização a liquidar em sua execução sê-lo-à a favor de quem se mostrar com direito a ela e sustentado quanto à matéria de facto que "da colisão resultaram elevados danos em ambas as viaturas e lesões várias em A.., advindo a morte de P.. como resultado das hemorragias...", não pode depois, em execução dessa sentença penal, vir a ser apreciada a responsabilidade por danos não abrangidos ou referenciados naquela sentença; objectivo alcançável porém com outra acção executiva. III - A omissão de junção aos autos de documentos já...
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