Acórdão nº 085282 de Supremo Tribunal de Justiça (Portugal), 27 de Setembro de 1994 (caso NULL)
Magistrado Responsável | COSTA MARQUES |
Data da Resolução | 27 de Setembro de 1994 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR PROC CIV - RECURSOS. DIR CIV - DIR RESP CIV. DIR CONST - DIR FUND / PODER POL.
Legislação Nacional: CONST76 ART9 ART13 N1 ART207. CE54 ART5 ART7 ART8. CPC67 ART712 ART722 N2 ART729 ART730.
Sumário : I - O Supremo pode censurar o uso que a 2. instância haja feito da faculdade concedida à Relação pelo artigo 712 do Código de Processo Civil, mas já não o não uso dessa faculdade. II - Dado o princípio dispositivo, um dos principais do Processo Civil, compete às partes, em acção cível emergente de acidente de viação, explicar a razão por que, tendo o réu parado num entroncamento e examinado a estrada, não viu o autor, que circulava na estrada onde entroncou, vindo do seu lado esquerdo. III - O Supremo não pode fazer uso dos poderes conferidos pelos artigos 722, n. 2, 729 e 730 do Código de Processo Civil senão nas hipóteses aí previstas. IV - Não se verifica violação pela Relação dos artigos 13, n. 1, 9 e 207 da Constituição se o acórdão recorrido não põe minimamente em crise o princípio constitucional de que todos os cidadãos têm a mesma dignidade social e são iguais perante a lei, que são tarefas fundamentais do Estado garantir os direitos e liberdades...
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