Acórdão nº 9210990 de Court of Appeal of Porto (Portugal), 29 de Setembro de 1993
Magistrado Responsável | COSTA MORTAGUA |
Data da Resolução | 29 de Setembro de 1993 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO. CONFIRMADA A DECISÃO.
Área Temática: DIR PROC PENAL.
Legislação Nacional: CPP87 ART410. CCIV67 ART569 ART495. DL 147/83 DE 1983/04/05 ART6 N2. DL 59/89 DE 1989/02/22 ART2 ART3 ART4.
Jurisprudência Nacional: AC STJ DE 1990/03/22 IN AJ N7 PAG6. AC STJ DE 1979/01/09 IN BMJ N283 PAG260.
Sumário: I - Somente as contradições ou insuficiências que existem internamente, dentro da própria sentença ou acórdão, e não as supostas contradições entre peças processuais e versões surgidas durante o inquérito ou a instrução podem constituir nulidade nos termos dos artigos 374 e 379, e ser fundamento de recurso nos termos do artigo 410, todos do Código de Processo Penal. II - Não há condenação " ultra petitum ", respeitando-se o artigo 569 do Código Civil, quando a indemnização arbitrada não excede a soma indicada pelo autor, embora o tribunal considere ser maior que o indicado por este o dano correspondente a alguma das verbas. III - As despesas hospitalares são sempre pagas por inteiro, independentemente de percentagem de culpa ou risco do...
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