Acórdão nº 2789/16.6T8GMR.G1.S1 de Supremo Tribunal de Justiça, 06 de Novembro de 2018
Magistrado Responsável | ALEXANDRE REIS |
Data da Resolução | 06 de Novembro de 2018 |
Emissor | Supremo Tribunal de Justiça |
Acordam no Supremo Tribunal de Justiça: AA Lda intentou esta ação contra BB, pedindo a condenação deste a pagar-lhe as seguintes quantias, acrescidas dos juros de mora, que alegou corresponderem ao montante por liquidar do preço dos trabalhos que realizou no âmbito de um contrato de empreitada que celebrou com o R e a danos advindos do incumprimento deste: a) € 25.181,37 (preço da obra ainda não paga); b) € 14.000 (danos não patrimoniais); c) montante a liquidar (por danos patrimoniais e morais, que venha a sofrer, conforme cláusula penal outorgada).
O R contestou impugnando os fundamentos alegados pela A e peticionou desta, reconvencionalmente, a indemnização de € 10.000.
Foi proferida sentença, condenando o R a pagar à A a quantia de € 58.181,37 – nela incluída a indemnização de € 33.0000, em aplicação da cláusula penal –, acrescida de juros moratórios sobre as quantias de € 12.652,17 e de € 12.652,17, desde 27-03-2013 e 11-05-2016, respectivamente. A Relação de Guimarães, julgando procedente a apelação que o R interpôs da sentença quanto ao pedido formulado pela A sob a al. c), condenou o R a pagar a esta apenas a quantia de € 25.181,37 euros, acrescida de juros moratórios sobre as quantias de € 12.652,17 e de € 12.529,20, desde 27-03-2013 e 11-05-2016, respectivamente. A A interpôs recurso de revista desse acórdão, delimitando o seu objecto com extensas conclusões em que coloca a questão de saber se deve ser repristinada a sentença de 1ª instância porque: 1) Não obstante a A se ter equivocado na formulação que ofereceu ao seu pedido (al. c), deve ser superado o seu erro meramente formal, como fez a 1ª instância, porquanto o seu objectivo era o de, tão-somente, accionar a cláusula penal acordada.
2) A mora do R ocasionou a perda de interesse por parte da A, objectivamente apreciável, pelo que deve considerar-se definitivamente incumprida a obrigação daquele e mantida a indemnização fixada em 1ª instância com fundamento na referida cláusula penal.
* Importa apreciar a questão enunciada e decidir, para o que releva o antecedentemente relatado e os factos definitivamente fixados na decisão recorrida.
Entendeu a Relação que a 1ª instância, na parte em que fundamentou o sentenciado na cláusula penal convencionada no contrato de empreitada entre as partes celebrado, violou o princípio da correspondência ou congruência entre o...
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