Acórdão nº 97P1310 de Supremo Tribunal de Justiça (Portugal), 18 de Fevereiro de 1998
Magistrado Responsável | VIRGILIO OLIVEIRA |
Data da Resolução | 18 de Fevereiro de 1998 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: PROVIDO.
Área Temática: DIR CIV - DIR RESP CIV.
Legislação Nacional: CCIV66 ART70 ART483 N3 ART494 ART496.
Sumário : I - Sobre o ressarcimento dos danos não patrimoniais sabe-se que não há propriamente indemnização, mas a compensação da lesão sofrida, a fixar equitativamente em função não só da gravidade dos danos como do grau de culpa do agente, situação económica deste e do lesado e demais circunstâncias do caso. II - A perda da vista esquerda, com esmagamento do globo ocular respectivo e evisceração do mesmo e com a subsequente implantação de uma prótese, é, na verdade, ofensa muito grave à personalidade física do lesado e, portanto, ofensiva em grau elevado dos seus direitos de personalidade que, por si mesma, deva ser indemnizada (artigos 70 e 483 do Código Civil). Para o cômputo dessa indemnização não pode deixar de considerar-se a idade do recorrente (no caso, 30 anos) à data dos...
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