Acórdão nº 085805 de Supremo Tribunal de Justiça (Portugal), 02 de Março de 1995 (caso NULL)
Magistrado Responsável | JOAQUIM MATOS |
Data da Resolução | 02 de Março de 1995 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Indicações Eventuais: A REIS IN CPC ANOTADO VOLV PAG285. RODRIGUES BASTOS IN NOTAS AO CPC VOLIII PAG279.
Área Temática: DIR CIV - TEORIA GERAL / DIR OBG. DIR CONST - DIR FUND. DIR INFORMAC.
Legislação Nacional: CPC67 ART682. CONST89 ART26 ART37 N3 N4 ART38. LIMP75 ART4 N2 N3 ART19 ART24. L 62/79 DE 1979/09/20 ART11. CCIV66 ART70 ART80 N2 ART484 ART494 ART496 N1 N3 ART805 N3.
Sumário : I - Havendo "animus injuriandi", ou seja, havendo dolo directo, é indiferente para efeitos da responsabilidade civil que o facto imputado ao lesado corresponda ou não à realidade, pelo que a verdade dos factos só releva ou não se se apurar esse "animus injuriandi". II - Revelando o artigo de um do Réus factos totalmente verdadeiros, apresentados de forma moderada, com a contenção devida, e tratando de matéria relevante no plano social e com manifesta ligação às funções do Autor, à data Ministro das Finanças e autor da Reforma Fiscal levada a cabo pelo Governo, dele não resultando, bem pelo contrário até, qualquer "leitura" deslustrante do Autor, nem do seu bom nome e reputação, não há motivo válido para a condenação desse Réu por delito de imprensa. III - São interesses públicos os direitos fundamentais ao bom nome, reputação imagem e reserva da intimidade da vida privada e familiar. IV - Também são interesses públicos, constituindo...
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