Acórdão nº 0300243 de Court of Appeal of Lisbon (Portugal), 06 de Outubro de 1993
Magistrado Responsável | MANUEL DIAS |
Data da Resolução | 06 de Outubro de 1993 |
Emissor | Court of Appeal of Lisbon (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR PROC PENAL. DIR CIV - DIR RESP CIV / DIR OBG.
Legislação Nacional: CCIV66 ART496 N1 N3 ART494.
Jurisprudência Nacional: AC STJ DE 1969/02/12 IN BMJ N184 PAG151.
Sumário: I - Os danos não patrimoniais merecem a tutela do direito e o valor da indemnização pelo seu ressarcimento deve ser calculado, em qualquer caso, segundo critérios de equidade, atendendo ao grau de culpabilidade do agente, à situação económica deste e do lesado (titular do direito a indemnização) e demais circunstâncias do caso [arts. 496, ns. 1 e 3, e 494 do Código Civil (CC)]; a reparação destina-se a proporcionar ao lesado uma quantia em dinheiro que lhe permita compensar, de algum modo, as dores, angústias, contrariedades e desgostos por ele padecidos: será, assim, segundo a equidade, que a compensação deverá ser arbitrada, no instante da prolação da sentença, ponderando os elementos indicados no n. 3 do art. 496 CC, abrangendo-se aqui quer a culpa quer o dolo do responsável. II - Em ordem a fixar a indemnização por acidente de viação, apenas interessa a situação económica do condutor e não a daquele que detém a direcção efectiva do veículo ou da companhia de seguros; para o efeito, as circunstâncias a atender na determinação da indemnização por danos não patrimoniais são: a) o grau de culpabilidade do lesante; b) a sua situação económica; c) a situação...
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