Acórdão nº 0031748 de Tribunal da Relação do Porto, 22 de Fevereiro de 2001
Magistrado Responsável: | GONÇALO SILVANO |
Data da Resolução: | 22 de Fevereiro de 2001 |
Emissor: | Tribunal da Relação do Porto |
Acordam na secção cível do Tribunal da Relação do Porto: I- Relatório Eduardo ..............., intentou acção declarativa de condenação, com processo ordinário, contra ............-Sistemas de Segurança, Lda, pedindo a condenação da ré a pagar-lhe a quantia de Esc. 2.127.000$00, acrescida de juros legais vincendos desde a citação, alegando, em síntese, que: - adquiriu à ré um sistema de segurança anti-intrusão (alarme), que os funcionários da ré instalaram no seu estabelecimento comercial de venda de artigos de óptica, relojoaria e ourivesaria.
- na madrugada do dia --.--.----, foi o mesmo estabelecimento comercial assaltado, sem que o aludido sistema de alarme tivesse tocado, não obstante estar devidamente ligado, sofrendo por essa via o autor prejuízos derivados de objectos que foram efectivamente furtados do dito estabelecimento, orçando tais prejuízos, ainda por liquidar, no montante peticionado.
Em contestação, a ré invocou, em síntese, que: -o sistema de alarme adquirido pelo autor e posteriormente instalado pela ré se encontrava em perfeitas condições de funcionamento, sendo certo que o autor, após a instalação do alarme, construiu no estabelecimento comercial uma montra interior, aproveitando o vidro existente e isolando com outros vidros a área envolvente do mesmo, ficando, deste modo, tal espaço fechado fora do alcance de acção dos raios ultra-sónicos e infravermelhos, impedindo assim que o mesmo tivesse funcionado, no momento do assalto.
A acção veio a ser julgada improcedente por não provada.
Inconformada com o decidido os autores recorreram, tendo concluído as suas alegações ,pela forma seguinte: 1-Face aos factos provados, dúvidas não há de que a Ré cumpriu defeituosamente a sua prestação, devendo assim ressarcir os danos causados ao A (art. 799 nº 1 e 798 e 562 e 563 do C. Civil).
-
-Feita a prova dos objectos furtados (13º da fundamentação de facto) ainda que não provado o montante exacto do prejuízo, podia o Tribunal recorrer à equidade para fixar o montante da condenação, já que possuía o mínimo de elementos para tal.
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-Caso assim se não entendesse, sempre deveria ter sido relegada para execução de sentença a fixação do quantum indemnizatório, fazendo assim prevalecer as questões de caracter substancial e a obtenção de uma justiça material para o litígio sobre as questões de carácter formal e processual, meramente instrumentais em relação àquelas.
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-Ao decidir como decidiu, o Exmo Senhor juiz a quo não fez a mais correcta interpretação das normas contidas nos artigos 566, nº 3 do C. Civil e 661, nº2 do CPC, tendo absolvido a Ré do pedido em violação do disposto, entre outros, nos artigos 799, nº 1 e 798, 562 e 563, todos do C. Civil.
Houve contra- alegações, onde se sustenta o decidido.
II- Fundamentos a)- A matéria de facto provada.
1 - O autor explora um estabelecimento denominado "Óptica .......", onde procede à venda de artigos de óptica, relojoaria e ourivesaria (A); 2- O autor encetou negociações com a...
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