Acórdão nº 088192 de Supremo Tribunal Administrativo (Portugal), 05 de Março de 1996 (caso None)
| Magistrado Responsável | TORRES PAULO |
| Data da Resolução | 05 de Março de 1996 |
| Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: PROVIDO.
Indicações Eventuais: R MENDES RECURSOS PAG156. C MENDES RECURSOS PAG46. A REIS ANOT VOLI PAG384.
Área Temática: DIR PROC CIV - PROC INVENT.
Legislação Nacional: CPC67 ART97 N1 ART279 N1 ART679 N1 ART771 J ART1352.
Sumário : I - Despachos proferidos no uso legal de um poder discricionário são os que são determinados pelo próprio juiz livremente, ao abrigo de uma norma que lhe confira uma ou mais alternativas de opção, entre as quais o juiz deve resolver, em seu prudente arbítrio e em atenção a certo fim geral, no caso dos fins do processo civil, a justa resolução do litígio que lhe é exposto. II - Perante o artigo 279 do C.P.C., em duas acções já instauradas, o juiz tem como limite legal ao exercício...
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