Rectificação
Autor | Helder Martins Leitão |
Cargo do Autor | Advogado |
Páginas | 244 |
Page 244
s.f. (lat. rectificatione).
s.c.: acto ou efeito de rectificar; correcção; emenda.
Se a sentença omitir o nome das partes, for omissa quanto a custas ou contiver erros de escrita ou de cálculo ou quaisquer inexactidões devidas a outra omissão ou lapso manifesto, pode ser corrigida por simples despacho, a requerimento de qualquer das partes ou por iniciativa do juiz.
Em caso de recurso, a rectificação só pode ter lugar antes de ele subir, podendo as partes alegar perante o tribunal superior o que entendam de seu direito no tocante à rectificação.
Se nenhuma das partes recorrer, a rectificação pode ter lugar a todo o tempo, cabendo agravo do despacho que a fizer.
Do despacho que indeferir o requerimento de rectificação, não cabe recurso. A decisão que deferir considera-se complemento e parte integrante da sentença.
Se alguma das partes tiver requerido a rectificação da sentença, o prazo para arguir nulidades ou pedir a reforma só começa a correr depois de notificada a decisão proferida sobre esse requerimento.
Se alguma das partes requerer a rectificação da sentença, o prazo para o recurso só começa a correr depois de notificada a decisão proferida sobre o requerimento.
Estando já interposto recurso da primitiva sentença ou despacho ao tempo em que, a requerimento da parte contrária, é proferida nova decisão, rectificando a primeira, o recurso fica tendo por objecto a nova decisão; mas é lícito ao recorrente alargar ou restringir o âmbito do recurso em conformidade com a alteração que a sentença ou despacho...
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