Acórdão nº 001758 de Supremo Tribunal Administrativo (Portugal), 29 de Janeiro de 1988 (caso None)
Data | 29 Janeiro 1988 |
Órgão | http://vlex.com/desc1/1541_01,Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: CONCEDIDA A REVISTA. DECIDIDO NÃO TOMAR CONHECIMENTO.
Área Temática: DIR TRAB - ACID TRAB. DIR CIV - TEORIA GERAL. DIR PROC TRAB - ACID TRAB. DIR PROC CIV.
Legislação Nacional: L 2127 DE 1965/08/03 BXVI N4 BXXXVIII N1. DL 360/71 DE 1971/08/21 ART7 ART35 N1 N2 N3. CCIV66 ART329. CPT63 ART117 N4. CPT81 ART122 N4. CPC67 ART285. L 1942 DE 1936/07/27 ART32.
Jurisprudência Nacional: AC STA PROC8537 DE 1976/07/02. AC STAPLENARIO DE 1977/07/16 IN BINTP N11 DE 1977/11 PAG1503. AC STA DE 1971/03/23 IN AD ANOX N114.
Sumário : I - O prazo de caducidade fixado na lei não se inicia com o acidente, mas sim a contar da data da cura clinica do sinistrado, ou da sua morte se, do acidente, tiver sido consequencia. II - A "cura clinica" corresponde a situação em que as lesões desaparecem totalmente ou se apresentam como insusceptiveis de modificação com terapeutica adequada. III - Para que se verifique a caducidade do direito de acção a que se refere o n. 1 da Base XXXVIII da Lei n. 2127, e necessario que tenha decorrido mais de um ano a contar...
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