Acórdão nº 0002803 de Supremo Tribunal Administrativo (Portugal), 28 de Junho de 1995 (caso None)
| Magistrado Responsável | ROCHA MOREIRA |
| Data da Resolução | 28 de Junho de 1995 |
| Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO.
Indicações Eventuais: PIRES LIMA ANTUNES VARELA IN CÓDIGO CIVIL ANOTADO VOLI 1967 PAG341.
Área Temática: DIR CRIM - CRIM C/PESSOAS. DIR CIV - DIR RESP CIV.
Legislação Nacional: CE54 ART59 B. CP82 ART128. CCIV66 ART483 ART496 N2. CPC67 ART661.
Jurisprudência Nacional: AC STJ DE 1983/03/02 IN BMJ N325 PAG365. AC STJ DE 1990/11/07 IN BMJ N401 PAG197. AC RP DE 1990/12/04 IN BMJ N402 PAG666.
Sumário: I - Tendo ficado provada a relação de causalidade entre a conduta do arguido e a morte da vítima há lugar a indemnização pela perda do direito à vida. II - A perda do direito à vida é passível de fundamentar a obrigação de indemnizar como dano não patrimonial, em termos de equidade, nos termos do artigo 496 n. 2 do Código Civil. III - O cálculo da...
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