Acórdão nº 0098562 de Court of Appeal of Lisbon (Portugal), 16 de Janeiro de 1997
Magistrado Responsável | SILVA PEREIRA |
Data da Resolução | 16 de Janeiro de 1997 |
Emissor | Court of Appeal of Lisbon (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: ALTERADA A DECISÃO.
Área Temática: DIR ADM ECON - EXPRO UTIL PUBL.
Legislação Nacional: CEXP76 ART1 ART3 N2 ART27 ART28 ART29 ART33 N1. CONST76 ART13 ART62 N1. DL 13/86 DE 1986/01/23 ART7 N1. PORT 965/89 DE 1989/10/31. PORT 1026/92 DE 1992/10/31. PORT 1103-C/93 DE 1993/10/30.
Jurisprudência Nacional: AC RL DE 1989/02/23 IN CJ ANOXIV T1 PAG138. AC TC DE 1993/03/16 IN BMJ N425 PAG160. AC STJ DE 1996/01/31 IN DR IIS 133/96 DE 1996/06/08.
Sumário: - É uniforme a jurisprudência dos tribunais superiores no sentido de que é aplicável à expropriação por utilidade pública a lei vigente à data do acto expropriativo. II - Os valores estabelecidos anualmente, em Portaria, para efeitos de renda condicionada não podem servir de bitola no custo da construção possível para efeitos de expropriação, pois fixam apenas o custo da área útil, enquanto para a expropriação vale a área bruta. III - A norma do art. 33, n. 1 do CEXP76, ao fixar um tecto percentual rígido e inultrapassável, é inconstitucional por violação dos arts. 13 e 62, n. 1 da Constituição. IV - As mais-valias são parte integrante do valor real e corrente de um bem, o que significa que...
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