Acórdão nº 9320261 de Court of Appeal of Porto (Portugal), 16 de Junho de 1993
Magistrado Responsável | VAZ DOS SANTOS |
Data da Resolução | 16 de Junho de 1993 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: PROVIDO PARCIALMENTE.
Área Temática: DIR CRIM - CRIM C/PESSOAS.
Legislação Nacional: CPC67 ART661. CCIV67 ART566 N3 ART805 N3.
Jurisprudência Nacional: AC STJ DE 1977/05/10 IN BMJ N267 PAG145. AC STJ DE 1979/01/18 IN BMJ N283 PAG275. AC STJ DE 1986/05/08 IN BMJ N357 PAG296.
Sumário: I - O princípio do dispositivo de que o artigo 661 do Código de Processo Civil é mero corolário, impede que o tribunal considere na sentença uma quantia referida pelo autor ao longo do articulado mas que por omissão que lhe é imputável não foi incluída no pedido formulado. II - Quando da lesão resulta uma incapacidade permanente ( total ou parcial ) para o trabalho, essa diminuição de capacidade de ganho terá que ser indemnizada, havendo que lançar mão para o efeito, de um prudente e criterioso arbítrio ( artigo 566 nº 3 do Código Civil ). III - Tendo a vítima à data do acidente 23 anos de idade, sendo robusta e saudável, auferindo como trolha, em média 4000 escudos diários ilíquidos, considerando a tendência de subida dos salários e que como consequência do acidente lhe resultou esfacelo da face, do globo ocular esquerdo com evisceração do olho, tendo a visão do olho direito, sem correcção, ficado reduzida a 2/10, motivando...
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