Acórdão nº 079712 de Supremo Tribunal de Justiça (Portugal), 20 de Dezembro de 1990
Magistrado Responsável | RICARDO DA VELHA |
Data da Resolução | 20 de Dezembro de 1990 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR PROC CIV. DIR AUTOR.
Legislação Nacional: CPC67 ART401. CDA85 ART1 N2 ART2 N1 F ART4 N1 ART7. CPI40 ART212.
Sumário : I - São requisitos de decretamento de uma providencia cautelar não especificada: a) A probabilidade seria da existencia do direito ameaçado (aparencia do direito); b) O fundado receio de que outrem cause lesão grave e de dificil reparação a esse direito (perigo de insatisfação do direito aparente); c) A não existencia de procedimento especifico para acautelar o direito; d) Não resultou da providencia prejuizo superior ao dano que com ela se pretende evitar. II - As obras televisivas podem ser objecto de criação intelectual e, como tal, alvo de protecção nos termos do Codigo do Direito de Autor. III - Para que uma obra televisiva revista a natureza de uma criação intelectual, e necessario que represente o produto do esforço criador de uma pessoa, reflectindo em maior ou menor grau a sua personalidade e que haja exteriorização desse esforço criador. IV - Representando a obra televisiva um programa de...
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