Acórdão nº 0092592 de Supremo Tribunal Administrativo (Portugal), 24 de Novembro de 1994 (caso None)
Data | 24 Novembro 1994 |
Órgão | http://vlex.com/desc1/1541_01,Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR PROC CIV - PROCED CAUT. DIR CIV - DIR PERS.
Legislação Nacional: CPC67 ART399 ART400 ART401. CCIV66 ART70 ART334 ART1305 ART1344 ART1346. CONST76 ART24 ART25 ART64.
Jurisprudência Nacional: AC STJ DE 1986/05/28 IN BMJ N357 PAG359. AC TC 162/87 DE 1987/05/14 IN BMJ N367 PAG233. AC STJ DE 1977/04/28 IN BMJ N266 PAG165. AC RP DE 1982/05/25 IN CJ 1982 TIII PAG213. AC RL DE 1983/11/03 IN CJ 1983 TV PAG103.
Sumário: I - O direito ao repouso, descanso e tranquilidade, integrando-se no elenco dos direitos de personalidade, está abrangido pela tutela geral da personalidade prevista no artigo 70 do CC. II - Constitui lesão grave, efectiva e actual deste direito e ameaça de lesão do direito à saúde dos requerentes, a actividade desenvolvida num campo de tiro distanciado cerca de 300 metros da casa de habitação daqueles, concretizada no disparo de armas de fogo, cujo som perturba os requerentes a ponto de, nos meses de Verão e nos fins de semana, se verem frequentemente obrigados a ausentarem-se de casa...
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