Acórdão nº 003606 de Supremo Tribunal de Justiça (Portugal), 20 de Outubro de 1993
Magistrado Responsável | DIAS SIMÃO |
Data da Resolução | 20 de Outubro de 1993 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR TRAB - ACID TRAB.
Legislação Nacional: L 2127 DE 1965/08/03 BIX B BXVI N1 C BXXXVII N1 N2 N3. CCIV66 ART342 N1 ART562.
Jurisprudência Nacional: AC STJ DE 1968/10/15 IN BMJ N180 PAG279. AC STJ DE 1970/04/03 IN BMJ N196 PAG235. AC STJ DE 1971/02/12 IN BMJ N204 PAG149. AC STJ DE 1978/05/30 IN BMJ N277 PAG267.
Sumário : I - As indemnizações por acidente simultâneamente de viação e de trabalho não se cumulam e apenas se completam até ao ressarcimento total do dano causado ao lesado. II - Contudo, não obstante ambos os direitos visarem a reparação do dano causado ao lesado, o cálculo da indemnização pode variar de um para outro, quer porque a indemnização originada no acidente de viação abrange danos patrimoniais e não patrimoniais ao passo que a devido por acidente de trabalho só abarca danos patrimoniais, quer porque, no caso de incapacidade permanente, a indemnização traduzida na atribuição de uma pensão vitalícia visa apenas ressarcir um dano patrimonial indirecto derivado da ofensa de um bem não patrimonial a saúde, não...
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