Acórdão nº 9150694 de Court of Appeal of Porto (Portugal), 15 de Dezembro de 1992
Magistrado Responsável | ARAUJO BARROS |
Data da Resolução | 15 de Dezembro de 1992 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A SENTENÇA.
Área Temática: DIR CIV - DIR RESP CIV. DIR PROC CIV.
Legislação Nacional: CCIV66 ART483 N1 ART494 ART496 ART805 PAR3. CPC67 ART668 N3 D ART715.
Jurisprudência Nacional: AC RL DE 1990/02/20 IN CJ ANOXV T1 PAG188. AC RE DE 1987/02/19 IN CJ ANOXII T1 PAG308. AC RE DE 1992/02/19 IN CJ ANOXVII T3 PAG347. AC RC DE 1987/03/13 IN CJ ANOXII T2 PAG85.
Sumário: I - O montante da reparação pecuniária dos danos não patrimoniais deve ser fixado "mediante o cômputo equitativo de uma compensação, em que se atenderá, não só e antes de mais à própria extensão e gravidade dos prejuízos, mas também ao grau de culpabilidade do agente, à situação económica deste e do lesado, e demais circunstâncias do caso". II - Ponderado o grau de culpabilidade da ré - não muito elevado, dado no local ser costume deixar o gado à solta -, considerando a situação económica do lesado ( a vítima e as aqui autoras ) e da lesante ( aqui ré ), que se nos afigura idêntica e minimamente remediada, e atendendo às demais circunstâncias do caso, designadamente a idade da vítima, a sua resignação com uma vida difícil ( e isto não é desejar a morte, bem pelo contrário ), o seu estado de viúva, mas convivendo com uma filha solteira, parece perfeitamente correcta, em termos de equidade, a fixação do dano da morte em 475000 escudos, se atentarmos, ainda, no actual valor aquisitivo do dinheiro e no elevado valor do bem em causa. III - Se não olvidarmos o sofrimento intercalar da vítima - o susto, a perda de sangue resultante do esfacelo dos membros inferiores, o internamento e tratamento de 41 dias a que foi sujeita, sempre consciente e lúcida, a...
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