Administrativo - Constitucional
Páginas | 48-49 |
Page 48
Constitucional. Competência. Art. 114, inc. VI, da Constituição da República. Ação de indenização por acidente de trabalho. Agravo regimental desprovido. O Supremo Tribunal Federal decidiu, no julgamento do Conflito de Competência 7.204, que a competência para julgar as ações de indenização por acidente de trabalho é da Justiça do Trabalho. Esse entendimento se aplica aos processos em trâmite na Justiça comum nos quais ainda não tenha sido proferida sentença de mérito. Precedentes. Imposição de multa. (STF - Rec. Extraordinário n. 506065 - São Paulo - 1a.T. - Ac. unân. - Rel.: Min. Cármen Lúcia - j. em 02.03.2007Fonte: DJ, 30.03.2007).
Ação de indenização por danos morais - Buraco em via pública - Falta de sinalização - Morte de transeunte - Ilegitimidade ativa - Inocorrência - Negligência do município (faute du service) - Indenização devidaSentença confirmada em reexame necessário. 1. O Município é responsável pelo ato ilícito que seus agentes, ainda que delegados, causarem a terceiros, nesta condição. 2. Sendo responsabilidade do Município a manutenção das vias públicas, cabe a ele sinalizar os buracos que nela se encontram, a fim de instruir àqueles que por ela transitam. 3. Quedando-se inerte a Administração Pública, se em face desse seu comportamento omissivo, apurar-se prejuízo a particular, cabe a ela ressarci-lo, ou a seus descendentes, conforme o caso. (TJ/MG - Ap. Cível n. 1.0431.05.020985-4/001 - Comarca de Monte Carmelo - 5a. Câm. Cív. - Ac. unân. - Rel.: Des. Nepomuceno Silva - j. em 15.03.2007Fonte: DJ/MG, 11.04.2007).
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