Acórdão nº 9210358 de Court of Appeal of Porto (Portugal), 15 de Julho de 1992
Magistrado Responsável | CASTRO RIBEIRO |
Data da Resolução | 15 de Julho de 1992 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: PROVIDO PARCIALMENTE.
Área Temática: DIR CIV - DIR OBG / DIR RESP CIV.
Legislação Nacional: CCIV66 ART483 ART496 ART562 ART564 ART566. CPC67 ART668 N1 E.
Jurisprudência Nacional: AC STJ DE 1971/03/17 IN BMJ N205 PAG105. AC RP DE 1990/06/13 IN CJ T3 ANOXV PAG240. AC RP DE 1991/01/09 PROC0310797. AC RP DE 1991/03/20 PROC0225657. AC RP DE 1992/03/18 PROC9220023. AC STJ DE 1973/11/06 IN BMJ N231 PAG95. AC RL DE 1979/10/19 IN CJ T4 ANOIV PAG1206. AC RL DE 1981/11/06 IN CJ T5 ANOVI PAG130.
Sumário: I - A perda do direito à vida, por morte ocasionada em acidente de viação, é em si mesma passível de reparação pecuniária, a qual se integra no património da vítima, transmitindo-se com a sua morte para as pessoas indicadas no nº 2, do artigo 496, do Código Civil. II - A compensação pelo direito à vida, embora simbólica, por não quantificável, deve assumir uma dignidade numérica correspondente ao próprio facto que a justifica, determinando-se em função de equidade e dos critérios jurisprudenciais dominantes, sem prejuízo de serem corrigidos por outros factores, designadamente, a época dos factos, desvalorização de moeda, melhoria do poder económico geral, etc. - com a aproximação dos padrões europeus, como...
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