Acórdão nº 0074991 de Court of Appeal of Lisbon (Portugal), 30 de Novembro de 1993
Magistrado Responsável | HUGO BARATA |
Data da Resolução | 30 de Novembro de 1993 |
Emissor | Court of Appeal of Lisbon (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: PROVIDO PARCIALMENTE.
Indicações Eventuais: J A REIS COD PROC CIV ANOT ED1981 V4 PAG320.
Área Temática: DIR PROC CIV - PROCED CAUT.
Legislação Nacional: CPC67 ART2 ART3 ART163 ART304 ART312 ART381 ART393 ART394 ART399 ART615. CCIV66 ART829 A.
Sumário: I - À pretensão cautelar de se impor ao requerido a entrega de chave de um portão de acesso a um logradouro e que não tolha a passagem de pessoas e coisas pelo mesmo não pode corresponder a providência cautelar de restituição provisória de posse (art. 393, CPC), pois que a causa de pedir não é a posse do portão mas a mera utilização (serventia) do mesmo. II - Estatuindo o magistrato a obrigação de entrega da chave do portão e de abstenção de proibição de utilização do mesmo, mas invocando os preceitos dos arts. 393 e 394, CPC, é manifesto que aí apenas existe erro de citação dispositiva ou de mera qualificação, absolutamente irrelevante. III - Nessa providência cautelar, pois que em causa está o direito de liberdade, na sua faceta de faculdade de movimentação, e por aí clivada a urgência da medida, justificado está que se não ouça a parte requerida previamente à decisão. IV - A uma tal providência cautelar genérica não pode caber o valor de acção de...
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