Acórdão nº 063547 de Supremo Tribunal de Justiça (Portugal), 18 de Junho de 1971
Magistrado Responsável | JOÃO MOURA |
Data da Resolução | 18 de Junho de 1971 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR CIV - DIR RESP CIV. DIR PROC CIV. DIR TRIB - DIR CUSTAS JUD.
Legislação Nacional: DL 43335 DE 1960/11/19 ART151. CCIV867 ART2385. CE54 ART56. L 1942 DE 1936/07/27 ART16. CPC67 ART682 N3.
Sumário : I - Provada a culpa da empresa exploradora de determinada instalação electrica na morte por electrocussão de um menor, ocorrida em 19 de Abril de 1964 - ja que, avisada a tempo de grave anomalia verificada na linha, não tomou as providencias devidas para a remediar -, e a mesma empresa responsavel civilmente pelos danos resultantes do acidente, por força do disposto na primeira parte do corpo do artigo 151 do Decreto-Lei n. 43335, de 19 de Novembro de 1960. II - A data em que o acidente ocorreu, a reparação pecuniaria dos danos morais era ja admitida como principio geral no nosso direito e, por isso, na fixação da indemnização devida por aquele acidente e de atender, não so aos danos patrimoniais, como tambem aos danos morais. III - Beneficiarios da indemnização são, nos termos do artigo 2385 do Codigo Civil de 1867, da parte final do n. 1 do artigo 56 do Codigo da Estrada e do artigo 16, alinea e), da Lei n. 1942, de 27 de Julho de 1936 - aplicaveis por força daquele artigo 151 -, os pais do menor, não dependendo o direito a indemnização por danos patrimoniais da circunstancia de eles serem invalidos. IV - Apurado que o menor era muito trabalhador e amigo da familia, auxiliava os pais nos trabalhos agricolas e concorria com o...
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