Acórdão nº 074811 de Supremo Tribunal de Justiça (Portugal), 07 de Abril de 1988
Magistrado Responsável | SOLANO VIANA |
Data da Resolução | 07 de Abril de 1988 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR CIV - DIR RESP CIV / TEORIA GERAL. DIR PROC CIV - RECURSOS.
Legislação Nacional: CPC67 ART659 N3 ART722 N2 ART729 N2. CCIV66 ART352 ART503 N3 ART562.
Jurisprudência Nacional: ASS STJ DE 1983/04/14 IN BMJ N326 PAG302.
Sumário : I - A decisão da 2 instancia, quanto a materia de facto, não pode ser alterada, salvo havendo ofensa duma disposição expressa da lei que exija certa especie de prova para a existencia do facto ou que fixe a força de determinado meio de prova. II - O Supremo Tribunal de Justiça pode censurar a legalidade do apuramento dos factos face a exigencia de certa especie de prova para tal apuramento e a força probatoria de certo meio de prova. III - Não cabe ao Supremo Tribunal de Justiça, como tribunal de revista, censurar a decisão da Relação por erro na apreciação das provas. IV - Reputa-se de fixada com equidade e justiça a indemnização de 1250000 escudos, por privação de rendimento, fixada...
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