Acórdão nº 9250084 de Court of Appeal of Porto (Portugal), 15 de Dezembro de 1992
Magistrado Responsável | SOARES DE ALMEIDA |
Data da Resolução | 15 de Dezembro de 1992 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: PROVIDO. REVOGADA A DECISÃO.
Área Temática: DIR ADM ECON - EXPRO UTIL PUBL.
Legislação Nacional: CONST ART62 N1. CEXP76 ART30 N1 N2 ART33 N1 N2 ART83 N2. CCIV66 ART389. DL 438/91 DE 1991/11/09. CPC67 ART611 ART655.
Sumário: I - A justa indemnização que o artigo 62, número 1, da Constituição garante corresponder ao valor do mercado dos bens expropriados, isto é, ao preço que se teria de pagar no caso de esses bens serem objecto de uma livre compra e venda. II - Na orientação dos acórdãos do Tribunal Constitucional que, em força obrigatória geral, declaram inconstitucionais as disposições do artigo 30, números 1 e 2, do Decreto-Lei 845/76, de 11/12 por não garantirem que, à luz do referido critério, se alcançasse a justa indemnização, deverão igualmente considerar-se inconstitucionais todas as normas que inponham critérios de avaliação susceptíveis de conduzir a um montante inferior ao valor de mercado, tal sendo o caso do artigo 33, número 2, na parte que impede que o valor do terreno situado em aglomerado urbano possa exceder 15 por cento do custo provável da construção nele possível, e do número 83, número 2, 2ª parte, do mesmo diploma legal. III - Decorrendo do princípio da livre apreciação da prova estabelecida no artigo 655, do Código de Processo Civil, e, quanto à prova pericial, nos artigos 611, do Código de...
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