Civil - Comercial
Páginas | 39 |
Page 39
Civil. Direito de família. Alimentos. Filho menor. Percentual fixado em 15% dos ganhos líquidos do réu ou no valor equivalente a 20% de um salário mínimo, na hipótese de ausência de vínculo empregatício. Observância do binômio necessidade-possibilidade. Acerto do julgado. A obrigação dos pais em prestar alimentos aos filhos é corolário indispensável ao exercício do poder familiar. Incumbe-lhes, assim, dirigir-lhes a criação e a educação (art. 1.634, I, do Código Civil). Percentual da pensão razoavelmente fixado pela sentença. Recurso manifestamente improcedente, ao qual se nega seguimento, com fulcro no art. 557, do Código de Processo Civil. (TJ/RJ - Ap. Cível n. 2007.001.50686 - Comarca de Volta Redonda - 16a. Câm. Cív. - Dec. Monocrática Rel.: Des. Lindolpho Morais Marinho - j. em 07.01.2008 - Fonte: DOERJ, 11.01.2008).
Ação de indenização - Morte de paciente em hospital psiquiátrico - Incêndio - Grave negligência - Danos morais - Majoração. A fixação da indenização por danos morais deve se pautar pelo princípio da razoabilidade, cabendo ao julgador observar, conjuntamente, a extensão da ofensa sofrida pela vítima, a condição financeira do ofensor, o grau de reprovação da conduta ilícita, as normas de experiência e o grau de sensibilidade do homem médio. A jurisprudência desta Corte, em caso de morte de membro da família causada por ato ilícito de outrem, tem fixado as indenizações por danos morais em valores próximos ao equivalente a cem salários mínimos. O arbitramento do valor da indenização por danos morais...
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