Acórdão nº 9220627 de Court of Appeal of Porto (Portugal), 05 de Julho de 1993
Magistrado Responsável | PIRES DA ROSA |
Data da Resolução | 05 de Julho de 1993 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A SENTENÇA.
Área Temática: DIR ADM ECON - EXPRO UTIL PUBL.
Legislação Nacional: CONST76 ART62 N2. CCIV66 ART1310. CEXP76 ART27 N1 ART30 N1 N2 ART33 ART38. DL 451/82 DE 1982/11/16. DL 794/76 DE 1976/11/05 ART62. DL 341/86 DE 1986/10/07. DL 458/85 DE 1985/10/30. DL 13/71 DE 1971/01/23.
Jurisprudência Nacional: AC TC DE 1988/06/29 IN DR IS. AC TC N52/90 DE 1990/03/30 BMJ N395 PAG91. AC RP DE 1991/02/07 IN CJ ANOXVI T1 PAG246.
Sumário: I - O dano patrimonial suportado por um qualquer expropriado é ressarcido de forma justa se a indemnização corresponder ao valor comum do bem expropriado, ou ao respectivo valor de mercado, ou ao seu valor de compra e venda. II - No cálculo dessa indemnização é preciso entrar em linha de conta com a potencialidade edificativa do bem expropriado quando ela exista, quer o prédio esteja ou não dentro de um aglomerado urbano, ou em zona diferenciada do aglomerado. III - Essa potencialidade edificativa existe se o prédio se situa em zona quase urbana, onde se pode pensar numa rápida inserção na malha urbana, ainda que lhe falte alguma infraestrutura urbanística pois a expropriação significa a perda definitiva de todas as faculdades que o direito de propriedade comporta. IV - Se determinado prédio está...
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