Acórdão nº 9110739 de Court of Appeal of Porto (Portugal), 05 de Maio de 1992
Magistrado Responsável | ALMEIDA E SILVA |
Data da Resolução | 05 de Maio de 1992 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A SENTENÇA.
Área Temática: DIR CIV - DIR OBG / DIR RESP CIV.
Legislação Nacional: CCIV66 ART483 ART496 ART564 N2 ART566.
Jurisprudência Nacional: AC STJ DE 1977/04/10 IN BMJ N267 PAG144. AC STJ DE 1979/01/09 IN BMJ N283 PAG260.
Sumário: I - Enquadra-se na previsão do artigo 564, numero 2 do Codigo Civil a pretensão de indemnização dos danos patrimoniais futuros da autora, que, em consequencia de lesões sofridas em acidente de viação, perdeu o ano escolar quer no curso de arquitectura quer no Instituto Britanico, vendo, consequentemente, atrasada de um ano a possibilidade de iniciar o exercicio de qualquer das profissões (de arquitecta ou de professora de Ingles) e de auferir as correspondentes remunerações. II - Tendo a autora ficado com o dedo anelar da mão direita levemente torto, com joelho varo, atrofia do musculo da coxa e hernia muscular ao nivel da perna direita, não pode afirmar-se que a sua incapacidade parcial permanente para o trabalho de vinte por cento não afecta o elemento anatomico "mão", pelo menos quanto a profissão de arquitecto, onde a actividade carece de se expressar atraves do traço rigoroso do desenho geometrico e inventivo e onde as sequelas a nivel dos membros inferiores não deixarão de interferir com a sua locomoção e ate com a permanencia durante horas, de pe ou sentada, diante do estirador ou numa sala de aula, ainda que com alguns intervalos. III - Afigura-se correcto o calculo que aponta para um valor indemnizatorio do dano correspondente a incapacidade parcial permanente no montante de 3000000 de escudos (na base de 420000 escudos correspondente ao produto da remuneração mensal media de qualquer das duas profissões - 150000...
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