Acórdão nº 0011221 de Supremo Tribunal Administrativo (Portugal), 04 de Fevereiro de 1997 (caso None)
| Magistrado Responsável | PEREIRA DA SILVA |
| Data da Resolução | 04 de Fevereiro de 1997 |
| Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A SENTENÇA.
Área Temática: DIR ADM ECON - EXPRO UTIL PUBL.
Legislação Nacional: CONST89 ART13 ART62. CEXP91 ART33 A. DL 794/76 DE 1976/11/05 ART62. DL 438/91 DE 1991/11/09 ART63 N1.
Jurisprudência Nacional: AC STJ DE 1993/06/03 IN BMJ N428 PAG667. AC RP DE 1976/10/13 IN CJ ANOI PAG644. AC RP DE 1980/05/27 IN CJ ANOV T3 PAG82. AC RP DE 1994/02/03 IN BMJ N434 PAG687.
Sumário: I - Se bem que o Tribunal Constitucional nunca tenha chegado a afirmar que constitucionalmente a justa indemnização tem de corresponder ao valor do mercado, há-de convir que, sob pena de a expropriação se volver em confisco, ao arrepio dos princípios constitucionais exarados nos artigos 13 e 62 da CRP, o valor da justa indemnização deve corresponder ao...
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