Acórdão nº 087962 de Supremo Tribunal Administrativo (Portugal), 07 de Dezembro de 1995 (caso None)
Magistrado Responsável | NASCIMENTO COSTA |
Data da Resolução | 07 de Dezembro de 1995 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: CONCEDIDA A REVISTA.
Indicações Eventuais: M CORDEIRO CJ ANOXII T2 PAG7. V SERRA RLJ ANO115 PAG208. L XAVIER IN RDES ANOXXVII PAG24. V RAPOSO IN BFDC LXIII PAG183.
Área Temática: DIR CIV - DIR CONTRAT. DIR TRIB - ASSIST JUD.
Legislação Nacional: CCIV66 ART12 N2 ART13 ART286 ART289 ART292 ART410 N2. DL 326/80 DE 1980/07/18. DL 379/86 DE 1986/11/11. CONST84 ART20. L 7/70 DE 1970/06/09 BVII N4. DL 387-B/87 DE 1987/12/29 ART39. CPC67 ART660 N2 ART668 N1 D ART722 N2.
Jurisprudência Nacional: AC TC DE 1995/05/30 IN DR IIS DE 1995/07/21. AC STJ PROC83136 DE 1994/11/24. AC STJ PROC85532 DE 1994/07/07. AC STJ PROC82034 DE 1992/02/26. AC STJ PROC81517 DE 1991/12/12. AC STJ PROC80932 DE 1991/10/24. AC STJ DE 1995/03/07 IN CJ ANOIII TI PAG116. AC STJ DE 1994/12/14 IN CJ ANOII TIII PAG185.
Sumário : I - O artigo 39 do Decreto-Lei 387-B/87, de 29 de Dezembro, tem sido e continua a ser interpretado no sentido de que nos processos de assistência judiciária só há recurso a um grau de jurisdição e, por isso, no caso dos autos do acórdão da Relação que apreciou sentença da 1. instância, não há recurso para o Supremo Tribunal de Justiça, pelo que não é de conhecer o aqui interposto. II - Não é objecto do recurso de revista o erro na apreciação das provas e fixação dos factos materiais da causa, a menos que se verifiquem as hipóteses da parte final do n. 2 do artigo 722 do Código de Processo Civil, que não é o caso dos autos. III - Não se comete a nulidade de omissão de pronúncia, quando o...
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