Acórdão nº 078747 de Supremo Tribunal de Justiça (Portugal), 08 de Janeiro de 1991
| Magistrado Responsável | BEÇA PEREIRA |
| Data da Resolução | 08 de Janeiro de 1991 |
| Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: CONCEDIDA A REVISTA.
Área Temática: DIR CIV - DIR FAM.
Legislação Nacional: CPC67 ART722 N2 ART729 N2 ART1408 N1. CCIV66 ART349 ART351 ART1779 N1.
Legislação Estrangeira: CCIV DE FRANÇA ART242.
Sumário : I - As expressões "velha maluca" e "bandida" podem ter uma carga injuriosa, por implicarem uma desvalorização etico-profissional da pessoa visada, mas tambem podem ser encaradas, apos algumas dezenas de anos de matrimonio, como algo de amigavelmente jocoso, tudo dependendo das circunstancias e do contexto em que foram proferidas. II - Cabia a autora o onus de provar que o seu marido agiu culposamente (artigo 1779 n. 1 do Codigo Civil) ao ofender o dever de respeito. III - Mas, mesmo que fosse possivel entender que aquelas palavras foram proferidas no primeiro sentido, so um circunstancialismo envolvente muito pesado, poderia levar a conclusão de que se havia tornado intoleravel a...
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