Acórdão nº 9620675 de Court of Appeal of Porto (Portugal), 19 de Novembro de 1996
Data | 19 Novembro 1996 |
Órgão | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: REVOGADA A DECISÃO.
Indicações Eventuais: O PROCESSO RECORRIDO É DA SEGUNDA SECÇÃO.
Área Temática: DIR CIV - DIR PERS. DIR AMB.
Legislação Nacional: CONST76 ART18 ART25 ART64 N1 ART66 N1. CCIV66 ART70 ART483 ART486.
Sumário: I - O direito à saúde e ao ambiente gozam da força jurídica prescrita no artigo 18 da Constituição para os direitos, liberdades e garantias, sendo invocáveis em qualquer instância, oponíveis não só ao Estado como a qualquer outro cidadão e no caso de colisão de direitos, impõe-se sobre outros direitos sem essa força jurídica. II - Importa, para efeito do artigo 70 do Código Civil que a ofensa ou ameaça sejam ilícitos e que, antes da própria ilicitude da conduta se coloque um facto dominável ou controlável pela vontade, um comportamento ou uma forma de conduta humana. III - Produzido o ruído fora do estabelecimento, não advindo directamente da sua...
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