Acórdão nº 9920221 de Court of Appeal of Porto (Portugal), 08 de Julho de 1999 (caso NULL)
Magistrado Responsável | EMIDIO COSTA |
Data da Resolução | 08 de Julho de 1999 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: REVOGADA PARCIALMENTE.
Área Temática: DIR ADM ECON - EXPRO UTIL PUBL.
Legislação Nacional: CPC67 ART582 N2. CEXP91 ART23 N1 ART25 N1 ART59 N1 N2 ART60 ART22 ART27 N2 ART28 N1. CONST92 ART62 N2.
Jurisprudência Nacional: AC STJ DE 1994/02/24 IN BMJ N434 PAG404. AC RL DE 1977/11/23 IN CJ T5 ANOII PAG1051. AC RP DE 1998/11/29 IN CJ T4 ANOXXIII PAG217. AC RE DE 1977/01/11 IN CJ T1 ANOII PAG125. AC RP DE 1991//06/06 IN CJ T3 ANOXVI PAG252. AC RL DE 1994/04/12 IN CJ T2 ANOXIX PAG109.
Sumário: I - A justa indemnização a atribuir ao expropriado há-de corresponder ao valor real e corrente da coisa expropriada, de acordo com as condições normais de mercado, tendo em conta as características das parcelas expropriadas, à data da declaração de utilidade pública, não atendendo a quaisquer valores especulativos ou ficcionados. II - O montante da indemnização calcula-se com referência à data da declaração de utilidade pública, sendo actualizada à data da decisão final do processo de acordo com a evolução do índice de preços no consumidor com exclusão da habitação. III - O valor do solo apto para construção coloca-se em função do valor da construção nele existente ou, quando for caso disso, do valor provável daquela que nele seja possível...
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