Acórdão nº 9940113 de Court of Appeal of Porto (Portugal), 19 de Maio de 1999
Magistrado Responsável | TEIXEIRA MENDES |
Data da Resolução | 19 de Maio de 1999 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO. CONFIRMADA A SENTENÇA.
Área Temática: DIR CRIM - CRIM C/PESSOAS / TEORIA GERAL. DIR CIV - DIR RESP CIV. DIR PROC CIV.
Legislação Nacional: CCIV66 ART495 ART524 ART589. CPC95 ART668 N1 E. CP82 ART32.
Jurisprudência Nacional: AC STJ DE 1997/06/12 IN CJSTJ T2 ANOV PAG236. AC RP PROC0-19259 DE 1986/01/08. AC STJ DE 1980/02/28 IN BMJ N294 PAG283. AC STJ DE 1974/10/30 IN BMJ N241 PAG357. AC RC DE 1987/03/31 IN CJ T2 ANOXII PAG86. AC STJ PROC276/98 DE 1998/05/06. AC RP DE 1978/05/30 IN CJ T3 ANOIII PAG858.
Sumário: I - Sem legítima defesa, nos seus pressupostos não pode ter lugar o excesso de legítima defesa. II - Os limites da condenação estabelecidos pelo artigo 661 do Código de Processo Civil entendem-se referidos ao pedido global e não às parcelas em que, para demonstração do " quantum " indemnizatório, há que desdobrar o cálculo do prejuízo. Assim, não obstante o lesado ter...
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