Acórdão nº 9110071 de Court of Appeal of Porto (Portugal), 11 de Julho de 1991
Magistrado Responsável | LOPES FURTADO |
Data da Resolução | 11 de Julho de 1991 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAçãO.
Decisão: CONFIRMADA A SENTENçA.
Área Temática: DIR CIV - DIR CONTRAT.
Legislação Nacional: CCIV66 ART1093 N1 C ART483 ART334 ART221 N2. DL 396/82 DE 1982/09/21 NA REDACçãO DO DL 116/83 DE 1983/02/24. PORT 245/83 DE 1983/03/03. DL 44579 DE 1962/09/19 ART2. DL 400/82 DE 1982/09/23 ART6 N2. CP82 ART215.
Sumário: I - Ilicitos, para os fins da alinea c) do n. 1 do artigo 1093 do Codigo Civil, tem de considerar-se os actos que violam qualquer proibição legal ou que ofendem algum direito subjectivo ou interesse legalmente protegido. II - A exibição de filmes pornograficos no arrendado não e ilicita porque a Direcção-Geral de Espectaculos a autoriza, sem que isso contrarie qualquer norma legal. III - O facto de as prostitutas constituirem a maior parte das mulheres que vão la aos bailes, para angariarem clientes e acertando com estes o preço do comercio carnal a que se prestam, tambem não pode considerar-se actividade ilicita. IV - Para quaisquer efeitos proibitivos consagrados na lei com referencia a moral publica, e designadamente para os da alinea citada em I., so pode considerar-se relevante o que a moral objectiva, positiva, absolutamente reprova, sem tolerancia, e não aquilo que ela acha condenavel mas tolera ou admite. V- O que a moral publica não poderia tolerar era o efectivo exercicio da prostituição num predio com as caracteristicas do arrendado, mas a situação que se evidencia e apenas a realização de bailes onde, alem de outras, vão mulheres que se prostituem e la conversam com os seus pares...
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