Acórdão nº 085367 de Supremo Tribunal de Justiça (Portugal), 21 de Junho de 1994
Magistrado Responsável | CESAR MARQUES |
Data da Resolução | 21 de Junho de 1994 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR PROC CIV. DIR CIV - DIR CONTRAT.
Legislação Nacional: CPC67 ART39 N1 ART201 N1 ART205 N1 N2 ART369 N2 N3 ART651 N2. CCIV66 ART371 N1 ART1043 N1 ART1092 ART1093 N1 B C ART1111 N2 ART1871 N1 C ART1911 N3 ART2020. CCJ62 ART113.
Sumário : I - A acta da audiência de julgamento é documento autêntico, fazendo prova plena dos factos que nela ocorreram. E, não tendo sido arguida de falsa, tem de prevalecer sobre as versões apresentadas pelas partes quanto ao que na audiência se passou, não havendo assim lugar à produção de prova sobre tal matéria. II - A eventual recusa de funcionário judicial ao recebimento em mão dos preparos para despesas e julgamento, acrescidos da taxa de justiça por não terem sido feitos oportunamente, a poder influir na decisão da causa, constitui nulidade processual que terá de ser arguida no decurso de audiência de julgamento. III - A renúncia ao mandato, em plena audiência de julgamento, por parte de um dos advogados constituidos, com fundamento na impossibilidade da produção de prova por não se mostrar feito o preparo para julgamento, não justifica o adiamento da...
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