Acórdão nº 0060492 de Court of Appeal of Lisbon (Portugal), 29 de Abril de 1993
Magistrado Responsável | SANTOS BERNARDINO |
Data da Resolução | 29 de Abril de 1993 |
Emissor | Court of Appeal of Lisbon (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A SENTENÇA.
Área Temática: DIR PROC CIV. DIR CIV - DIR PERS / DIR FAM. DIR CONST - DIR FUND.
Legislação Nacional: CPC67 ART168 ART174 ART268 ART272 ART273 ART456 N2 ART498 N4 ART506 N2 N3 ART663 N1 ART710 N1. CONST89 ART25 N1 ART26. CCIV66 ART79 N1 N2 ART80 ART334 ART335 ART1577 ART1779 ART1787.
Jurisprudência Nacional: AC RL DE 1980/01/22 IN CJ ANOV T1 PAG211.
Sumário: A ampliação do conteúdo fáctico concreto, pela via do articulado superveniente, sem que aos novos factos caiba qualificação diversa dos primeiros - isto é, traduzindo eles, tal como os alegados na petição inicial, violação, pelo réu, do dever conjugal de respeito - não constitui alteração ou ampliação da causa de pedir, susceptível de ofender os artigos 272 e 273 do CPC. Os direitos à imagem e à reserva da intimidade da vida privada visam impedir a patenteação pública do retrato de uma pessoa ou de factos da vida intíma de um cidadão sem o consentimento do visado, o que não pode abarcar a apresentação, em processo judicial, e como meio de prova necessário à afirmação de um direito, de fotografias de terceiros. Havendo colisão dos direitos à imagem e à reserva sobre a intimidade da vida privada...
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