Acórdão nº 9851196 de Court of Appeal of Porto (Portugal), 22 de Março de 1999 (caso NULL)
Data | 22 Março 1999 |
Órgão | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR PROC CIV - PROCED CAUT.
Legislação Nacional: CPC67 ART399 ART384 N1 ART381 ART672.
Jurisprudência Nacional: AC STJ DE 1986/01/23 IN BMJ N292 PAG338. AC RE DE 1997/10/02 IN CJ T4 ANOXXII PAG275.
Sumário: I - Para ser decretada qualquer providência cautelar não é exigível uma prova aprofundada dos elementos materiais constitutivos do direito que o requerente da providência se arroga; basta um juízo de probabilidade ou verosimilhança. II - A não discriminação, nos relatórios periciais efectuados, do ruído que cada uma das fábricas produz nem do equipamento que cada uma delas tem a produzi-lo não é susceptível de comprometer uma decisão conscienciosa da questão a derimir. III - Continuando o ruído produzido pelas requeridas a causar malefícios aos requerentes da providência, não é possível que uma delas...
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