Acórdão nº 98A1145 de Supremo Tribunal de Justiça (Portugal), 09 de Fevereiro de 1999 (caso NULL)
Magistrado Responsável | FRANCISCO LOURENÇO |
Data da Resolução | 09 de Fevereiro de 1999 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR PROC CIV - PROCED CAUT.
Legislação Nacional: CCIV66 ART601 ART619 N1. CPC95 ART388 N1 ART392 N1 ART406 N1.
Sumário : I - O arrestado, notificado do decretamento da providência, pode reagir contra a decisão, nos termos dos artigos 392, n. 1, e 388, n. 1, do CPC, agravando da decisão ou deduzindo oposição. II - Estas duas formas de impugnação são alternativas e têm fundamento diferente: o recurso visa impugnar a decisão, em si mesma, enquanto a oposição é uma forma de reclamação que tem lugar "quando o arrestado pretenda alegar factos ou produzir meios de prova não tidos em conta pelo tribunal e que possam afastar os fundamentos da providência ou determinar a sua redução" (artigo 388, n. 1, alínea d), do CPC). III - O arresto é uma providência cautelar destinada a garantir a utilidade da composição definitiva da lide, que não pode ser decretada sem que esteja...
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