Acórdão nº 9050218 de Court of Appeal of Porto (Portugal), 15 de Janeiro de 1991
| Magistrado Responsável | ALMEIDA E SILVA |
| Data da Resolução | 15 de Janeiro de 1991 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO. APELAÇÃO.
Decisão: PROVIDO. DECIDIDO NÃO TOMAR CONHECIMENTO.
Área Temática: DIR TRIB - DIR CUSTAS JUD / APOIO JUD. DIR CIV - DIR RESP CIV.
Legislação Nacional: CONST ART20 N1. L 7/70 DE 1970/06/07. D 562/70 DE 1970/11/18. DL 387-B/87 DE 1987/12/29 ART57 ART58 ART20 N1 F N2 ART31 N3. CE54 ART68 N7 ART7 N2 E ART10 N2. CCIV66 ART562 ART498 N1 N3 ART297 N1. CP886 ART369 ART152 PAR2. CP82 ART148 ART117 N1 D. L 3/81 DE 1981/03/13 ART5. CPP29 ART33. CPC67 ART267 N1 ART496 B ART493 N3.
Jurisprudência Nacional: ASS STJ DE 1975/11/19. AC STJ DE 1979/03/14 IN BMJ N285 PAG237. AC RP DE 1972/02/09 IN BMJ N214 PAG176. AC RP DE 1980/11/27 IN BMJ N301 PAG461. AC RP DE 1982/03/30 IN CJ T2 ANOVII PAG279. AC RP DE 1985/07/04 IN BMJ N349 PAG552. AC RP DE 1987/06/23 IN BMJ N368 PAG606.
Sumário: I - O acesso gratuito ao Direito e aos Tribunais, assegurado pelo artigo 20 da Constituição da República, não pressupõe a indigência dos interessados; II - Não traduz enriquecimento do património do lesado em acidente de viação o facto de lhe ter sido arbitrada indemnização pelos danos patrimoniais e não patrimoniais que suportou em consequência das lesões sofridas naquele sinistro; III - Tendo na 1ª instância as custas a cargo da autora atingido o montante de 1020246 escudos, deve ser-lhe concedido o pretendido apoio judiciário, na modalidade de dispensa total de preparos e do pagamento de custas, quando se prova que, apesar de ter casa própria, onde vive, aufere o vencimento líquido de 59185 escudos, recebendo o seu cônjuge 70000 escudos, ambos mensais, tendo a seu cargo dois filhos estudantes, pelo que recebe 2500 escudos de abono de família e 3150 escudos de subsídio de educação especial da filha deficiente, com a qual gasta 12000 escudos mensais em...
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