Sentença
Autor | Helder Martins Leitão |
Cargo do Autor | Advogado |
Páginas | 267 |
Page 267
s.f. (lat. sententia).
s.c.: parecer; opinião; frase curta que encerra um pensamento moral.
O critério usado pelo legislador, no n.º 2 do art. 156.º, para definir sentença, é bastante incerto. Se entendermos esse termo no sentido de que se refere à decisão que conhece da matéria da causa, que decide do litígio substancial, logo se objectará que a decisão final que absolve da instância conserva a designação de sentença, como claramente se vê do n.º 1 do art. 660.º. Se pretendermos que é, antes, toda e qualquer decisão que ponha termo ao processo, não saberemos justificar porque razão a lei conserva a denominação de despacho ao acto do juiz que indefere liminarmente a petição. Na aplicação deste conceito, através das várias disposições do código, o legislador revela a mesma perturbadora incerteza. Assim, o acto que declara extinta a execução é apelidado de sentença, embora seja evidente que não decide a causa; os procedimentos cautelares são decididos por meio de despacho, mas os alimentos provisórios, que também constituem procedimento cautelar, são decididos por sentença.
A palavra sentença é empregada, nos arts. 658.º e segs., em sentido restrito; designa unicamente a peça escrita que, em seguida ao julgamento proferido pelo tribunal colectivo, o juiz tem de elaborar no processo ordinário para decidir a causa. Tem-se em vista, pois, o momento processual em que a sentença é proferida. A sentença de que se ocupa o capítulo V representa o último elo da cadeia processual, o acto final da 1.ª instância, quando o processo percorre todas as fases e termos desta via judicial. A instância pode terminar por uma sentença de forma ou por uma sentença de mérito. Designamos por «sentença de forma» a sentença...
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