Acórdão nº 97B403 de Supremo Tribunal de Justiça (Portugal), 02 de Outubro de 1997
Magistrado Responsável | ALMEIDA E SILVA |
Data da Resolução | 02 de Outubro de 1997 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: CONCEDIDA PARCIALMENTE A REVISTA.
Área Temática: DIR PROC CIV. DIR CIV - DIR OBG / DIR RESP CIV.
Legislação Nacional: CPC67 ART661 ART668 N1 E ART684 N3 ART716 N1. CCIV66 ART473 ART495 N1 N2 N3 ART496 N1 ART497 N1 ART512 N1 ART518 ART569 ART805 N3. DL 322/90 DE 1990/10/18 ART3 N1 ART4 N2 ART54 N1. L 28/84 DE 1984/08/14 ART16 ART19 N1. DL 549/77 DE 1977/12/31 ART4 N1 E. DL 59/89 DE 1989/02/22. DL 147/83 DE 1983/04/06 ART7.
Jurisprudência Nacional: AC STJ DE 1971/10/20 IN BMJ N210 PAG68. AC STJ DE 1974/04/16 IN BMJ N236 PAG138. AC STJ DE 1996/02/29 IN CJSTJ ANOIV TI PAG104. AC STJ DE 1993/02/04 IN CJSTJ ANOI TI PAG128. AC STJ DE 1994/05/17 IN CJSTJ ANOII TII PAG101. AC RL DE 1987/04/01 IN CJ ANOXII TII PAG174. AC STJ DE 1993/05/26 IN CJSTJ ANOI TII PAG127. AC STJ DE 1993/09/29 IN CJSTJ ANOI TIII PAG40.
Sumário : I - Não é excessivo o valor de 3500 contos para compensar a perda do direito à vida de uma mulher de 26 anos, forte e saudável, e o seu sofrimento moral por se ter visto na iminência da morte durante os curtos momentos que precederam o acidente de viação de que resultou aquela. II - Nos termos do artigo 495 n. 3 do CCIV66, para ter direito à indemnização basta ter a qualidade de que depende a possibilidade legal do exercício do direito a alimentos. III - Como decorre do artigo 569 do CCIV66, quem exige uma indemnização não necessita de indicar a importância exacta em que avalia os danos, pelo que não está...
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