Acórdão nº 084620 de Supremo Tribunal de Justiça (Portugal), 05 de Maio de 1994 (caso NULL)
Magistrado Responsável | GELASIO ROCHA |
Data da Resolução | 05 de Maio de 1994 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Indicações Eventuais: P CARLOS IN DOS RECURSOS 1968 PAG114.
Área Temática: DIR PROC CIV - RECURSOS. DIR CIV - DIR OBG / DIR RESP CIV.
Legislação Nacional: CPC67 ART659 N3 ART690 N2 ART712 N1 ART721 N1 ART722 N2. L 28/84 DE 1984/08/14 ART2 ART5 N5 ART16. L 2127 DE 1965/08/03 BXXXVII. CE54 ART9 N1.
Jurisprudência Nacional: AC STJ DE 1979/03/14 IN BMJ N285 PAG169. AC RL DE 1987/02/17 IN CJ 1987 TI PAG125. AC RP DE 1990/11/06 IN CJ 1990 TV PAG183.
Sumário : I - O Supremo tribunal de Justiça conhece de direito - e tão só -, a não ser nas hipóteses das excepções referidas na parte final do n. 2 do artigo 722, do Código de Processo Civil, em que caberá ao mesmo, eventualmente, censurar o uso que a 2. instância tenha feito da faculdade que lhe é dada pelo artigo 712 daquele diploma. II - Sendo as indemnizações por acidente de viação e de trabalho diferentes e distintas, não pode o lesado (ou lesados) recebe-las cumulativamente, se a quando, ambas, lhe forem arbitradas, há que impôr, a opção pela que mais lhe convenha. III - Nada há a censurar se se fixaram indemnizações por acidente de viação quando exista pendência de processos indemnizatórios no Tribunal de...
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