Administrativo - Constitucional
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Page 49
Constitucional e Civil - Ação indenizatóriaAcidente - Rompimento de fio de alta tensão - MorteResponsabilidade da concessionária de energia elétricaOmissão - Prestação de serviço público deficienteAusência de fiscalização e vigilância - Dano moralCaracterização - Critério de fixação - Procedência do pedido - Manutenção - Improvimento da irresignação - Inteligência do art. 37º, §6º da Constituição da República. É devida indenização aos filhos da vítima que veio a falecer em decorrência da queda de um fio de alta tensão, posto que a responsabilidade do Estado, nesta hipótese, é subjetiva, decorrente da omissão em prestar serviço eficiente, o qual, ao contrário, apresentou-se deficiente e carecedor da indispensável fiscalização e vigilância. (TJ/MG - Ap. Cível n. 1.0051.05.013968-5/001 - Comarca de Bambuí - 5a. Câm. Cív. - Ac. unân. - Rel.: Des. Dorival Guimarães Pereira - j. em 06.12.2007 - Fonte: DJMG, 19.12.2007).
Processual civil e Administrativo - Agravo regimental - Código de Trânsito - Procedimentos - Condutor (proprietário) autuado em flagrante. 1. No "iter" processual administrativo deve a autoridade obedecer aos princípios constitucionais e às normas disciplinadoras. 2. A Lei 9.503/97 prevê uma primeira notificação de autuação, para apresentação de defesa (art. 280) e uma segunda notificação, posteriormente, informando...
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