Acórdão nº 0091994 de Supremo Tribunal Administrativo (Portugal), 29 de Junho de 1994 (caso None)
Magistrado Responsável | DINIZ ROLDÃO |
Data da Resolução | 29 de Junho de 1994 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: PROVIDO PARCIALMENTE.
Área Temática: DIR TRAB - ACID TRAB.
Legislação Nacional: CPC67 ART684 N3 ART690 N1. CPT81 ART122 N1 ART141 N2 N5. L 2127 DE 1965/08/03 BXVI N1 B. DL 43189 DE 1960/09/23 N8 A ART31 M. CCJ62 ART3 F.
Jurisprudência Nacional: AC STJ DE 1987/12/16 IN BMJ N372 PAG385.
Sumário: I - O objecto do recurso só pode abarcar questões que foram colocadas, para discussão e decisão, à primeira instância. II - Se na tentativa de conciliação, em processo emergente de acidente de trabalho, apenas houve discordância quanto ao grau de desvalorização, é ilegítima e ilícita a pretensão da Seguradora de vir, no recurso, discutir a profissão do sinistrado, não só porque a forma - por si escolhida - da fase contenciosa da acção o não consente, mas ainda porque, como é jurisprudência pacífica e uniforme, os recursos visam modificar as decisões dos tribunais recorridos, e não criar novas decisões acerca de matéria não discutida nem versada na primeira instância. III - Tendo a Junta Médica, por maioria dos peritos, sido de parecer que o sinistrado está afectado de incapacidade permanente absoluta para o trabalho habitual, tendo uma IPP residual de 0,40 - é sobre tal laudo que deverá ser calculada a pensão...
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