Acórdão nº 082952 de Supremo Tribunal Administrativo (Portugal), 29 de Abril de 1993 (caso None)
| Magistrado Responsável | SOUSA MACEDO |
| Data da Resolução | 29 de Abril de 1993 |
| Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: CONCEDIDA PARCIALMENTE A REVISTA.
Indicações Eventuais: V SERRA RLJ ANO82 PAG357.
Área Temática: DIR CIV - DIR RESP CIV.
Legislação Nacional: CCIV66 ART342 N2 ART564 N2 ART566 N2 ART567 ART805 N3. DL 262/83 DE 1983/06/16. CPC67 ART712 N1 N2 N3.
Sumário : I - A Relação, 2 instância, além de poder alterar a matéria de facto dentro dos poderes conferidos pelo artigo 712 do Código de Processo Civil, pode ainda retirar ilações da matéria de facto resultante do julgamento em 1 instância, sendo o que aconteceu no tocante aos lucros cessantes, durante o período da incapacidade absoluta para o trabalho do Autor, pois tendo sido especificado um montante mínimo, a Relação elevou-o com os elementos de facto constantes dos autos. II - A indemnização deverá representar um capital que se extinga no fim da vida activa do lesado e seja susceptível de garantia, durante esta, as prestações periódicas correspondentes à sua perda de ganho. III - Assim, atendendo à sua incapacidade permanente para o trabalho de 28%, ao seu...
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