Acórdão nº 0132111 de Tribunal da Relação do Porto, 31 de Janeiro de 2002
Magistrado Responsável: | NORBERTO BRANDÃO |
Data da Resolução: | 31 de Janeiro de 2002 |
Emissor: | Tribunal da Relação do Porto |
Acordam no Tribunal da Relação do Porto: "Animal ......", com sede na Rua ......, instaurou contra I..... acção declarativa de condenação, sob a forma ordinária.
Pediu que seja a acção julgada procedente, por provada, e, em consequência: 1.º - "declarada ilícita a actividade dos RR., consistente na organização e promoção de touradas com lides de morte (respeitantes ao Ano de 2000); 2.º - condenados os mesmos RR. a "absterem-se de realizar as corridas com "Touros de Morte" supra mencionadas, ratificando-se assim a douta decisão cautelar proferida em 18 de Agosto p.p." (Ano 2000); 3.º - condenados aqueles RR. a "absterem-se de proceder ao esquartejamento e venda para consumo público dos touros mortos, salvo se os animais forem devidamente abatidos num matadouro oficial e com todos os cuidados necessários e de saúde pública que a lei prescreve, ratificando-se assim a douta decisão cautelar proferida em 18 de Agosto p.p." (Ano 2000); 4.º - condenados ainda os RR. a pagar à A. uma indemnização por danos não patrimoniais no montante de 15.000.000$00 (74.819,68 Euros), tendo, para tudo, alegado os factos que teve por pertinentes.
Citado, o M.º P.º deduziu contestação por excepção e impugnação, nos termos expressos a fls. 89-106.
Após réplica da A. - a defender o desentranhamento da contestação e, não se entendendo assim, a improcedência das excepções invocadas e bem assim a condenação dos RR. - seguiu-se despacho-saneador, em que se decidiu inclusive: a) - julgar extinta a instância por inutilidade superveniente no que concerne aos três primeiros pedidos formulados pela A.; b) - improcedente o 4.º pedido formulado pela mesma A., após se haver considerado nomeadamente que "a tutela indemnizatória dos "Direitos dos animais" promovida pela autora só pode ser providenciada pelo Estado, que deverá providenciar pela sua regulação administrativa, não sendo a autora titular de qualquer direito subjectivo pelo dano que alega".
Inconformada, interpôs a A. recurso de apelação, sendo duas as questões que traz à apreciação e decisão desta Relação (art.ºs 684.º n.º 3 e 690.º n.º1, ambos do Cód. Proc. Civil, de que serão as várias disposições a citar, sem menção de diploma), a saber: 1.ª - se a declaração de ilicitude dos actos praticados pelos RR. ( no que concerne às referidas touradas do Ano 2000, cfr. art.º 102.º da p.i. e v.g. conclusões 15.ª e 16.ª da alegação de recurso) é condição para a verificação da sua responsabilidade civil, até porque, na óptica da...
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