Acórdão nº 9240301 de Court of Appeal of Porto (Portugal), 16 de Fevereiro de 1993
Magistrado Responsável | ALMEIDA E SILVA |
Data da Resolução | 16 de Fevereiro de 1993 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: ALTERADA A DECISÃO.
Indicações Eventuais: O PROCESSO RECORRIDO É DA SEGUNDA SECÇÃO.
Área Temática: DIR ADM ECON - EXPRO UTIL PUBL.
Legislação Nacional: CONST89 ART62 N2. CEXP76 ART27 ART33. CEXP91 ART23 N1.
Sumário: I - O artigo 33 do Código das Expropriações de 1976 é inconstitucional na medida em que estabelece um critério que não permite apurar o valor de uma justa indemnização. II - Se a avaliação foi realizada em 1991 com base em elementos respeitantes a 1986, impõe-se que se proceda à actualização desses valores de acordo com a evolução do índice de preços...
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