Acórdão nº 086811 de Supremo Tribunal Administrativo (Portugal), 19 de Abril de 1995 (caso None)
Magistrado Responsável | RAMIRO VIDIGAL |
Data da Resolução | 19 de Abril de 1995 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: PROVIDO PARCIAL. ORDENADA A BAIXA DO PROCESSO.
Área Temática: DIR PROC CIV. DIR CIV - TEORIA GERAL.
Legislação Nacional: CCIV66 ART369 ART371 ART372. CPC67 ART360 N5 ART367 N3 ART368 N2 ART370 N2 ART418 ART469 ART762 N2.
Sumário : I - A falsidade consiste numa atestação de factos percebidos ou praticados pela entidade pública que o lavra, em desconformidade com a realidade existente. Quando se não passou na realidade aquilo que no documento se menciona como tendo sido objecto da percepção do oficial público. II - O documento será, pois, falso quando o documentador não tenha praticado um facto que atesta ter praticado, ou quando não se tenha na realidade verificado um facto que ele atesta ter sido objecto da sua percepção, e bem assim quando a declaração (de ciência ou de vontade) deles constante... não tiver sido na realidade feita. III - E há a considerar ainda a omissão na documentação de um facto de que se tenha conhecimento, ou presenciado. IV - Em nenhuma destas situações se enquadra a de funcionários judiciais, ao executarem um despacho, que deferira um embargo...
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