Acórdão nº 9810863 de Court of Appeal of Porto (Portugal), 19 de Maio de 1999 (caso NULL)
| Data | 19 Maio 1999 |
| Órgão | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR CIV - DIR RESP CIV.
Legislação Nacional: CCIV66 ART483 N1 ART494 ART496 ART562 ART563 ART564 ART566.
Jurisprudência Nacional: AC RE DE 1977/07/14 IN CJ T4 ANOII PAG900. AC RL DE 1989/11/21 IN CJ T5 ANOXIV PAG148.
Sumário: I - A fixação do valor pecuniário pela perda do direito à vida depende de um conjunto de factores impostos por lei, não sendo igual para todos, devendo traduzir uma certa dignificação dos sofrimentos sem que se caia numa minimização e, muito menos, no simbolismo gratuito. Havendo que atender à equidade, sem esquecer as circunstâncias do acidente - culpa exclusiva do arguido -, não se vê razão para reduzir o montante fixado - 3000 contos - sendo a vítima alegre, saudável e auferindo como trolha 59.200 escudos mensais além de subsídio de alimentação de 615 escudos. II - A indemnização...
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