Acórdão nº 0061461 de Supremo Tribunal Administrativo (Portugal), 24 de Novembro de 1992 (caso None)
Magistrado Responsável | HUGO BARATA |
Data da Resolução | 24 de Novembro de 1992 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A DECISÃO.
Indicações Eventuais: J A REIS COD PROC CIVIL ANOTADO ED1981 IV PAG320.
Área Temática: DIR CIV - DIR CONTRAT. DIR PROC CIV - RECURSOS.
Legislação Nacional: CPC67 ART154 ART202 ART203 N2 ART204 N2 ART459 ART612 ART676 N1 ART678 ART684 N2 ART790 N2.
Sumário: I - Percorrendo os autos, verifica-se que em momento algum a recorrente reagiu contra qualquer aspecto da inspecção judicial. O que tem a sua acutilância no conspecto de que se trata de questão nova e o tribunal ad quem só pode ocupar-se do que questionado foi e decidido está: arts. 676 n. 1, 678, 684 n. 2, CPC, sendo que agora já é desatempada a arguição: arts. 202, 203 n. 2 e 204 n. 2, CPC. II - Não consta da acta de julgamento que tenham sido produzidas alegações orais sobre o aspecto jurídico da causa (art. 790 n. 2, CPC) ou que tenham sido prescindidas. Simplesmente, esta nulidade não foi arguida em tempo e, por outro lado, o silêncio da acta em tanto não leva necessariamente ao estabelecimento de que se não alegou oralmente em sede. III - A substância da vivência habitacional num determinado fogo não é definida apenas pelos consumos das energias água e electricidade. Fundamentalmente depende da quantidade de residentes e dos seus hábitos globais. Tais consumos energéticos, por si, nada provam, sendo, porém...
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