Acórdão nº 96S058 de Supremo Tribunal Administrativo (Portugal), 22 de Maio de 1996 (caso None)
Magistrado Responsável | LOUREIRO PIPA |
Data da Resolução | 22 de Maio de 1996 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: DESERÇÃO.
Indicações Eventuais: RT ANO84 N1808 PÁG84. A REIS ANOT VOLII PÁG255.
Área Temática: DIR TRAB - CONTRAT INDIV TRAB. DIR PROC CIV - RECURSOS.
Legislação Nacional: L 38/87 DE 1987/12/23 ART20 N1. CPC67 ART292 N2 ART687 N4 ART690 N2 ART701 ART702 N3 ART721 ART726 ART754 N1 B. CPT81 ART76 N1.
Jurisprudência Nacional: AC STJ DE 1983/02/10 IN AD N256 PAG562. ASS STJ DE 1993/12/02 IN AD N388 PAG489.
Sumário : I - A multa por litigância de má fé, não tem natureza penal, antes se trata de um ilícito de natureza processual que faz garantir a lisura das partes no processo, pelo que a multa aplicada não tem natureza penal. II - Sendo assim, a decisão é irrecorrível quando proferida em valor inferior à alçada da 1. Instância - 500000 escudos - artigo 20, n. 1. da Lei 38/87, de 27 de Dezembro. III - Aliás, mesmo a dar-se-lhe a natureza penal, o recurso seria inadmissível, pois tinha de ser considerado à lei do processo penal - Código de Processo Penal - e o seu artigo 400, n. 1, não admite este tipo recurso. IV - A decisão recorrida foi proferida em recurso de agravo, pelo que era esta espécie a...
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