Acórdão nº 9751142 de Court of Appeal of Porto (Portugal), 02 de Fevereiro de 1998
| Data | 02 Fevereiro 1998 |
| Órgão | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: REVOGADA PARCIALMENTE.
Área Temática: DIR CIV - DIR PERS. DIR AMB. DIR PROC CIV.
Legislação Nacional: CCIV66 ART70 N1 N2 ART497. CONST ART18 N2 ART61 ART62. L 11/87 DE 1987/06/24 ART40 N4. CPC67 ART661 N2 ART668 N1 E.
Jurisprudência Nacional: AC STJ DE 1996/10/29 IN CJSTJ T3 ANOIV PAG82.AC STJ DE 1986/03/13 IN BMJ N355 PAG356. AC STJ DE 1995/04/26 IN CJSTJ T1 ANOIII PAG155. AC STJ DE 1996/01/09 IN CJSTJ T1 ANOIV PAG37. AC STJ DE 1995/10/24 IN CJSTJ T3 ANOIII PAG74. AC STJ DE 1970/03/03 IN BMJ N195 PAG191.AC RC DE 1983/10/25 IN BMJ N331 PAG610.AC RC DE 1990/ 02/06 IN BMJ N394 PAG542. AC RC DE 1992/06/23 IN BMJ N418 PAG872. AC RL DE 1996/10/01 IN CJ T4 ANOXXI PAG104. AC RL DE 1996/03/21 IN CJ T3 ANOXXI PAG86. AC STA DE 1995/06/05 IN BMJ N448 PAG165.
Sumário: I - Os direitos à saúde e ao ambiente, como direitos de personalidade, prevalecem sobre o direito à laboração das instalações fabris. II - Mas este último direito, em plano de inferioridade no conflito de interesses, deve ser respeitado até onde...
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