Acórdão nº 9540756 de Court of Appeal of Porto (Portugal), 20 de Dezembro de 1995
| Data | 20 Dezembro 1995 |
| Órgão | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: PROVIDO PARCIALMENTE. REVOGADA A DECISÃO.
Área Temática: DIR CIV - DIR RESP CIV. DIR CRIM - CRIM C/PESSOAS.
Legislação Nacional: CP82 ART128 ART164 N1. CCIV66 ART483 N1 ART494 ART496 N1 N3 ART70 ART562. CONST92 ART25 ART26.
Sumário: I - Preenche os elementos constitutivos de responsabilidade civil extra contratual a seguinte matéria fáctica: ter o demandado, que era advogado subscrito um articulado próprio ( contestação do pedido de indemnização civil ), em que, dirigindo-se aos demandantes, escreve que estes querem " ... abusivamente (...) locupletar-se à custa do esforço e trabalho alheio, numa atitude de proxeneta entre a necessidade de dinheiro sentido pelo " demandado " Alfredo e o uso da sua força de trabalho ", sendo que a ilicitude da conduta daquele advogado se consubstancia na violação de um direito subjectivo, absoluto e fundamental dos demandantes ( direito à honra e consideração ), tendo agido de...
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