Acórdão nº 9410431 de Court of Appeal of Porto (Portugal), 24 de Janeiro de 1995
Magistrado Responsável | PAZ DIAS |
Data da Resolução | 24 de Janeiro de 1995 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: REVOGADA PARCIALMENTE.
Área Temática: DIR CIV - DIR RESP CIV.
Legislação Nacional: CCIV66 ART342 N1 ART562 ART563 ART564 ART566 N2 ART496 N3 ART494 ART805 N3 . DL 781/76 DE 1976/10/28 ART3 N1 ART2. DL 64-A/89 DE 1989/02/27 ART4 A.
Jurisprudência Nacional: AC STJ DE 1990/12/20 IN BMJ N402 PAG558. AC STJ DE 1993/02/04 IN CJSTJ T1 ANOI PAG128. AC STJ DE 1993/09/21 IN CJSTJ T3 ANOI PAG13. AC STJ DE 1994/05/05 IN CJSTJ T2 ANOI PAG86. AC RC DE 1994/03/08 IN CJ T2 ANOXIX PAG11.
Sumário: I - Os contratos de trabalho a prazo são, por natureza, precários e instáveis. II - Não se tendo provado que a partir do termo do contrato a prazo o lesado continuasse a trabalhar e a receber os correspondentes salários, não pode dizer-se que o acidente tenha sido causa adequada à não obtenção dos salários a partir da data do termo daquele contrato. III - Para compensar a incapacidade, parcial definitiva para o trabalho, mercê de acidente, há que atribuir ao lesado um capital que, posto a render, lhe permita obter um rendimento correspondente ao salário perdido, capital esse que deve estar esgotado no termo da sua vida activa. Os tribunais superiores têm adoptado o critério de que em relação ao futuro, a indemnização deve ser calculada em relação ao tempo provável de vida activa da vítima, de forma a representar um capital, produtor de rendimento que cubra a diferença entre a situação anterior e a actual até final desse t...
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