Acórdão nº 074399 de Supremo Tribunal Administrativo (Portugal), 04 de Junho de 1987
Magistrado Responsável | LIMA CLUNY |
Data da Resolução | 04 de Junho de 1987 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: CONCEDIDA PARCIALMENTE A REVISTA. NEGADA A REVISTA.
Indicações Eventuais: CIT A VARELA DAS OBG GER VI 3ED PAG743.
Área Temática: DIR CIV - DIR RESP CIV. DIR PROC CIV.
Legislação Nacional: CCIV66 ART805 N3. DL 262/83 DE 1983/06/16. CPC67 ART273 N2 ART661 N1 ART663 N1 ART668 N1 E ART731 N1. PORT 581/83 DE 1983/05/18. PORT 339/87 DE 1987/04/24.
Jurisprudência Nacional: AC RC DE 1986/01/21 PAG203.
Sumário : I - Tendo os Autores ampliado o pedido indemnizatorio de danos patrimoniais e não patrimoniais, por acidente de viação, para 4450000 escudos, invocando a inflação e a desvalorização da moeda e ainda a nova redacção dada ao artigo 805 do Codigo Civil pelo Decreto-Lei n. 262/83, de 16 de Junho, o que foi deferido, e condenando o acordão recorrido os Reus na indemnização de 8603567 escudos, acrescido de juros legais moratorios, verifica-se condenação em quantidade superior a do pedido, incorrendo a decisão na nulidade da alinea e), do n. 1, do artigo 668, do Codigo de Processo Civil, a suprir, pelo Supremo Tribunal de Justiça, nos termos do artigo 731, n. 1 do Codigo de Processo Civil. II - E correcto o factor ou indice de "5,361" para actualização dos montantes apurados, no tocante a inflação, não devendo contudo ser usado no tocante as despesas do funeral e luto e perda de salarios do autor, não afectadas pela inflação, dado que foram prejuizos de verificação imediata. III - O fenomeno inflacionario deve ser atendido a partir do momento em que os prejuizos começaram a produzir-se e não apenas a partir do momento da propositura da acção. IV - A conecção inflacionaria preenche um...
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