Acórdão nº 9551412 de Court of Appeal of Porto (Portugal), 30 de Setembro de 1996
Magistrado Responsável | ALVES CORREIA |
Data da Resolução | 30 de Setembro de 1996 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A DECISÃO.
Área Temática: DIR CIV - DIR RESP CIV.
Legislação Nacional: CONST92 ART26 N1 ART37 N3 ART38. CCIV66 ART70 ART483.
Sumário: I - O direito à informação consagrado nos artigos 37 e 38 da Constituição da República Portuguesa e a tutela da honra consagrada no artigo 26 n.1 do mesmo diploma são conflituantes, impondo o n.3 do artigo 37 limites à liberdade do direito à informação, visando que a imprensa, no exercício da sua função pública, não publique imputações que atinjam as pessoas e que saiba inexactas, cuja exactidão não tenha podido comprovar ou sobre a qual não tenha podido informar-se suficientemente. II - A colisão daqueles dois direitos resolve-se a partir da ideia de que a exclusão da ilicitude penal prejudica a existência da responsabilidade civil, pelo que ao agente da informação pela imprensa de que resulte a violação da honra de outrem não cabe a responsabilidade civil demonstrado que seja que...
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