Acórdão nº 9540898 de Court of Appeal of Porto (Portugal), 06 de Março de 1996
| Magistrado Responsável | FERNANDO FROIS |
| Data da Resolução | 06 de Março de 1996 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: PROVIDO PARCIALMENTE. ALTERADA A DECISÃO.
Área Temática: DIR CRIM - CRIM C/PESSOAS / DIR ESTRADAL. DIR CIV - DIR RESP CIV.
Legislação Nacional: CCIV66 ART496 N1 N2 N3.
Jurisprudência Nacional: AC RL DE 1994/12/15 IN CJ T5 ANOXIX PAG136. AC STJ DE 1993/12/16 IN CJSTJ T3 ANOI PAG183.
Sumário: I - O montante da indemnização correspondente aos danos não patrimoniais deve ser calculado em qualquer caso ( haja dolo ou mera culpa do lesante ) segundo critérios de equidade, atendendo ao grau de culpabilidade do responsável, à sua situação económica e às do lesado e do titular da indemnização, aos padrões de indemnização geralmente adoptados na jurisprudência, à flutuação do valor da moeda, etc. II - A compensação pelo dano da morte deve ter um alcance significativo e não meramente simbólico, sendo tempo de se...
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